Worker

Employer

Anonymised Parties

An Animal Worker

An Animal Charity

Representatives

Act

Dispute Reference No.

Date of Receipt

Section 13 of the Industrial Relations Act 1969 (as amended)

CA-00056515-001

7th May 2023

The employer requested the name of the employer be amended and the worker agreed to same.  A polish translator was provided to the worker.

The worker submits that she was dismissed without fair procedure

The worker submitted that she commenced employment on 06/07/2022 and her employment ended on 04/05/2023.   When she commenced employment she was given accommodation on the premises with the animals and loved the job and loved the animals.  She had a good relationship with her first manager Ms A but when that manager left things changed and her second manager Ms B made things very difficult for her and would overrule the worker on how to take care of the animals.

The worker said she went on annual leave and was told to move her things out of the accommodation and the worker said that she would prefer to leave her belongings in the room.  While she was away on annual leave, her sister told her that Ms A put animals in her bedroom.  The worker requested to be put back on the roster as she was returning from her annual leave and she was told by Ms B to wait for an email and the email told her that her employment was terminated.  When the worker queried why her employment was terminated, she was told by Ms B that there did not have to be a reason.

The worker advised of the impact that this had on her and how upsetting it was.

Mr C on behalf of the employer submitted that Ms B had left the organisation and that they did not have many details to confirm or deny what the worker said.  It was submitted that the appropriate procedures were not utilised when the worker was hired and the worker received one weeks notice as provided for in her contract.  Mr C confirmed that failure to utilise correct procedures when hiring the worker was not the fault of the worker.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties and at the request of the employer and consent of the worker I have amended the name of the employer.

The worker commenced employment on 06/07/2022 and her employment ended on 04/05/2023 and she was given 1 weeks notice.  I note that the worker appears to have had a difficult relationship with Ms B and was advised that her employment would cease prior to her return from annual leave. 

Statutory Instrument 146/2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000 notably Section 3.1 provides that

“Procedures are necessary to ensure both, that while discipline is maintained in the workplace by applying disciplinary measures in a fair and consistent manner, grievances are handled in accordance with the principles of natural justice and fairness. Apart from considerations of equity and natural justice, the maintenance of a good industrial relations atmosphere in the workplace requires that acceptable fair procedures are in place and observed.”

If there were any issues with the performance of the worker, it is clear that Ms B failed to apply any procedures with regards to terminating the employment of the worker. In all the circumstances I recommend the payment of €500 to the worker for the upset and distress caused by the failure of the employer to follow any procedure.

In all the circumstances I recommend the payment of €500 to the worker for the upset and distress caused by the failure of the employer to follow any procedure.

Procedures