ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039301
Parties:
| Complainant | Respondent |
Parties | Petr Kunert | Driver Leasing Europe Ltd. |
Representatives | Petr Bláha Romodrom o.p.s. | Lukas Sklar Driver Leasing Europe Ltd. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00051045-001 | 08/06/2022 |
Date of Adjudication Hearing: 19/05/2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant worked for the Respondent business as a truck driver from 21st of September 2020 until the 3rd of March 2022 when he was dismissed for allegedly not providing sick certs. The Complainant had been on sick leave from April 2021. The Complainant also submitted complaints under the Unfair Dismissals Act and Organisation of Working Time Act. These are contained within ADJ-00042570. The arguments regarding the Complainant’s dismissal are considered in that decision. |
Summary of Complainant’s Case:
The Complainant was unfairly dismissed and did not receive any notice payment. |
Summary of Respondent’s Case:
The Respondent dismissed the Complainant for failing to submit sick certs and for writing a damaging letter to their clients. They were entitled to dismiss him. |
Findings and Conclusions:
As I have outlined in ADJ-00042570 the Complainant was unfairly dismissed. While there is a dispute about his date of commencement of employment the dates argued by both parties put the Complainant in the same category of notice entitlement. That is Section 4 2(a) ( less than 2 years service). This entitles the Complainant to one week’s notice. It is accepted that he was not paid that. Section 12 of the act provides that where the adjudication officer finds that that section was contravened by the employer in relation to the employee who presented the complaint, include a direction that the employer concerned pay to the employee compensation for any loss sustained by the employee by reason of the contravention. The Complainant’s loss is one weeks pay which is €750. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is well founded and direct the Respondent to pay the complainant €750. |
Dated: 09th November 2023
Workplace Relations Commission Adjudication Officer: David James Murphy
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