Worker

Employer

Anonymised Parties

A Chief Financial Officer

A Consulting Company

Representatives

Self-Represented

Did not attend.

Act

Dispute Reference No.

Date of Receipt

Industrial Relations Act,1969

CA-00055127

16/02/2023

The issue in dispute is the alleged Unfair Dismissal, without Employment Law procedures, of the Worker by the Employer.

The Employment began on the 3rd May 2022 and ended on the 22nd September 2022.

The rate of pay was stated by the Worker to have been €6,250 Gross per month for a 40-hour week.

The Worker alleged that, as Chief Financial Officer, he had highlighted irregularities in the Company Accounts. He was suspended in early September, resumed and dismissed on the 22nd September 2022.

Absolutely No Proper Procedures or Natural Justice Rights were followed by the Employer.

The Worker gave a lengthy Oral Testimony supported by Revenue and Contract Documents.

In Oral testimony a difficult relationship with a Senior Shareholder/Director was outlined.

The Employer did not attend the Hearing.

 An e mail was submitted on the 21st November 2023 accusing the Worker (whose employment was accepted) and another former Colleague of  inducing Employer Clients to transfer their accounts to a new Company established by the Worker and His Colleague.

The Unfair Dismissal case was without foundation and a complete breach of process and wasteful of WRC time.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.  This case was taken under the Industrial Relations Act,1969 and as such no sworn evidence was required.

The Worker gave an oral testimony supported by extensive documentation. He presented as a capable and competent, professionally qualified, witness.

The Oral testimony and supporting Worker documents had to be relied upon. No Employer submission were received, and no appearance was made at the hearing.

There was no doubt that the Employer was fully aware of the Hearing, date, time and place. (E mail of the previous day made this clear)

SI 146 of 2000 -Industrial Relations Act 1990 (, Statutory Code of Practice on Grievance and Disciplinary Procedures) Declaration Order is relevant.

 A process for Employer/Worker disputes is set out therein. Numerous Legal Precedents from the Higher Courts would also emphasise the need for Natural Justice in all dismissal matters. None of these basic requirements were evident.

Accordingly, in the complete absence of Employer evidence and cross examination of the Worker evidence and on the balance of probabilities a Recommendation has to be made in the Worker’s favour.