Worker

Employer

Anonymised Parties

Employee

Employer

Representatives

  Self

Andrea Montanelli Peninsula

Act

Dispute Reference No.

Date of Receipt

Industrial Relations Act 1969 -Section 13

CA-00057421

29th June 2023

This dispute is concerned with the termination of the workers employment which she considers was unfair. She had used the appeal process provided but was not notified of any outcome from that process.

The worker was employed as an EMT commencing on 14.02.23. She did not have any probationary reviews until she was called to a meeting on 23.06.23 at which she was asked how she was getting on. She had moved to a new base where she was happy working. She was told there were a few questions about her performance. When she asked for any details, she received none and no specifics of any incidents. There was talk of extending her probation.  She thought, okay, I want to keep my job.  That meeting was on a Friday and she was off for the weekend. On the Monday the person she was partnering for the day took ill at work. She was told to go down to the ambulance but she wanted to make sure her colleague was alright and she wanted to be able to offer her a lift halfway home if she needed it. After about thirty minutes she did go down to the ambulance and did what was needed. After that she was due to work on the Wednesday but received a text the day before telling her to go to the office in her own car and she was to meet two named managers (one of whom had been at the meeting the previous Friday). There, she was handed her notice. When she asked why, the reply was ‘it’s better if we part ways’. Again, she had no specifics, adding that she had always gone on any calls to other parts of the country when asked to do so. The dismissal letter was dated 28 June but effective from the previous day, the 27th. The reason for the termination was given as’ you were unable/refused to take instruction.’ There was a right of appeal which she exercised and met the appeal person accompanied by her mother on July 12th. She sought reasons for her dismissal but was told that she was there to put forward the grounds of her appeal, which she did. When she received the minutes of the meeting, she made some changes in response to which she received a letter asking her if she had any further paperwork or evidence to submit same by July 29th. The worker did not submit any further material but did reply and received an out of office I will get back to you message from HR. After that she heard no more from the employer. The dispute was referred to the WRC on xx-before the outcome of the appeal. Asked why this happened, the worker said she no experience of these situations and that she had heard about delays (in making complaints). 

As there was no appearance by the Employer and no engagement in writing, their case is unknown.

Allowing that an employer has certain rights during a probationary period to decide if they wish to retain a new worker in the employment, there are elements of fairness and decency which are long recognised in this forum and in the Labour Court as attaching to their responsibilities-even to workers of less than twelve months service or on probation. Notice of a disciplinary meeting, allowing for support at such a meeting and listening to the workers case represent fairness. Decency is to tell them what they are doing wrong and giving them the opportunity to correct that specific wrong. This employer broke these essential codes of conduct in their treatment of this worker, for no obvious reason. I met with this worker and she is clearly still puzzled by the whole experience and still trying to rebuild her working life. That she lodged her dispute to the WRC before the outcome of the appeal stands against her but the employer dd not tell her that and neither did they provide the outcome of the appeal at all. In any event her employment had ended at that stage.

In awarding compensation, I have factored in the early referral in arriving at what is considered an appropriate amount of compensation. The weekly rate of pay was €12.60 by 40 hours per week, gross €504.

Dismissal during probation.