ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00043311
| Worker | Employer |
Anonymised Parties | An Office Administrator | A Waste Recycling company. |
Representatives | Self-Represented | Did not attend Hearing. |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Industrial Relations Act,1969 | CA-00053815 | 22/11/2022 |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 16/05/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
The Dispute concerns the alleged Unfair Dismissal of an Office Administrator by a Waste Recycling Company. The employment began on the 4th April 2022 and ended on the 11th October 2022. The rate of pay was stated to be € 673.08 for a 40-hour week. |
1: Summary of Workers Case:
The Worker gave a lengthy Oral testimony supported by extensive documentation. The job began on the 4th April 2022 on a six months’ probation basis. There was no training provided nor any review meetings regarding performance. In mid-Summer July/August a Management restructure took place. The Worker’s position was a discussed, in her absence, by colleagues. On the 24th August the Worker was informed that full training was going to be provided for her. On the 4th October she was informed that her probation was extended for a further three months – this was to allow for the additional training. The Training never happened. On the 11th October at 17:15 hrs the Worker was called to a meeting with HR and the Office Manager and was peremptorily dismissed. No reason was provided -the HR Manger told her “ We don’t have to give you a reason”. Some further e mails followed regarding holidays entitlements etc. In summary the Worker stated that she had never been given any warnings as to the quality of her work or any probation reviews. The Dismissal was in complete breach of all employment legislation and procedures. No reasons were ever given and the entire process was completely unfair. |
2: Summary of Employer’s Case:
The Employer did not attend the Hearing and no evidence was presented. An e mail of the 26th April 2023 was submitted which stated that the Worker “was not treated unfairly” |
3: Conclusions:
As the Worker did not have the requisite 12 months employment service under the Unfair Dismissal Act,1977 the matter was considered under the Industrial Relations Act,1969.
As regards Legislation, SI 146 of 2000 – Industrial relations Act,1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order,2000 is relevant.
This Statutory Instrument effectively sets out guidelines for Disciplinary and Grievance procedures -effectively codifying the Rules of Natural Justice.
In this case there was no Employer evidence presented of any proper Employment practices or procedures. Legal precedent from the Superior Courts has clearly indicated that a Worker, even with less that 12 months service , is entitled to basic Natural Justice ( reasons /justifications etc) when an Employment is being terminated.
All evidence available to the Adjudication Officer was that presented, unchallenged , by the Worker.
It follows therefore that a finding of Unfair Dismissal has to be made in favour of the Worker.
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4: Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
It is Recommended that a sum of €17,500 – (being six months’ pay) be awarded and paid to the Worker. (It was understood that the Worker secured new Employment in mid-February 2023.)
This is a substantial award but is set at this level in view of the complete lack of any obvious Employment procedures in the Employment.
Dated: 25/10/2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Unfair Dismissal, SI 146 of 2000, Procedural issues |