Worker

Employer

Anonymised Parties

An Account Executive

A Merchandise Company

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act 1969

CA-00058696-001

06/09/2023

The Worker commenced employment with the Employer on 26 July 2022 as an account executive based in Ireland. 

The Employer terminated the Worker’s employment via a call on 29 June 2023 without notice or warning.

The Worker referred this dispute of an unfair dismissal under section 13 of the Industrial Relations Act 1969 to the Workplace Relations Commission.

The Worker commenced employment in July 2022 as an account executive based in Ireland.  In February 2023, he was promoted to the role of People & Organisation Officer for the UK and Ireland team. 

In late March 2023, the Worker raised with his manager the possibility of taking a period of unpaid leave at the end of the year for travel; arrangements were agreed between the Worker and the Employer and finalised over April/May 2023.

The Employer closed its UK and Ireland offices in April 2023 however the Worker was retained with a shift in focus to the international market.  He moved to fully remote working arrangements at this time.

As requested by the Employer, the Worker travelled to Belgium from 17 to 21 June 2023 to meet the team, build relationships with colleagues and engage in future work planning and prospects.

The Employer terminated the Worker’s employment with immediate effect on 29 June 2023 by way of a call.  The Worker had no notice of the call with both CEOs, and of its purpose.  The Worker was told all offices outside Belgium would be closed and all employees not working on the Belgian market would have their employment terminated.   On 30 June 2023, the Worker received a message from a colleague to say a courier would be collecting the Employer’s belongings. 

The Worker’s annual basic salary was €55,200.00 gross with provision for expense reimbursement and a bonus payment on quarterly targets being reached.

The Worker had consulted with the Employer and agreed a period of unpaid leave for travel with his partner at the end of the year.  Once arrangements were agreed with his Employer, the Worker had booked and paid for the travel.  

There was no attendance by or on behalf of the Employer at the hearing.

In a communication dated 8 January 2023, the Employer observed from the Worker’s complaint form that the Worker had indicated employment opportunities after he finished up with the Employer.

In conducting my investigation, I have taken into account all relevant information presented to me by the parties.

The Worker had travelled to Belgium for work the week before his employment was terminated without notice on 29 June 2023.  The week in Belgium was arranged to further the Worker’s integration in the business and to build on relationships with colleagues.  While he was there, the Worker met with his line manager, the HR director and both CEOs of the Employer organisation.  There was no indication given by any of these persons that the Worker’s employment was at risk.  The focus was on long-term planning and projects that were due to close in the coming months.

On 29 June 2023, the Worker received a message from one of the CEOs asking if he was free for a chat.  The Worker joined a call; both CEOs were present.  The Worker was informed that his employment would be terminated with immediate effect as all offices outside Belgium were being closed.   The call lasted a matter of minutes, and, within an hour, the Worker was locked out of all work applications and platforms.  Company belongings were collected by courier the following day.

The Worker had successfully completed a probationary period with the Employer.  The contract of employment provided for one week’s notice, based on the Worker’s service, in the event of the Employer terminating the contract.   The contract did not provide for payment in lieu of notice.   The Worker did not receive the requisite notice.  A letter from the Employer dated 29 June 2023, was emailed to the Worker on 30 June 2023 informing him of a termination date of 29 June 2023 and compensation of one week’s pay for the notice period, if agreed upon by the Worker.  The Worker was further advised in this letter that the dismissal was due to economic reasons and there should be no performance, other than return of company materials, after the communication of the termination of employment on 29 June 2023.  The Employer did not provide an employment or character reference for the Worker.

The Worker, in consultation with his Employer, had been granted approved leave and made travel arrangements for the period 11 November to 20 December 2023.  The Worker had changed his initial travel plans following discussion with the Employer, and his targets had been restructured and moved to earlier quarters of 2023 in recognition of his leave and travel plans in the fourth quarter.  

The Worker was not informed of any risk to his employment.  This is particularly perplexing given that the Worker had been on-site in Belgium the week before and having regard to the reasons given by the Employer for termination, which it is reasonable to assume the Employer was aware of or anticipated at the time.   

The Worker’s employment was summarily terminated in an unfair manner, and I acknowledge the shock and effect this had on the Worker.  I accept that the termination had a particular impact on the Worker’s ability to gain alternative employment where it came without any warning, and where the Worker had travel booked and paid for during November and December 2023.  Since his return to Ireland, the Worker’s experience in applying for employment opportunities has been more promising.

In all the circumstances, as a gesture of goodwill and in full and final settlement of the dispute, I recommend that the Employer make a payment to the Worker of €10,000.00 (equivalent to approximately two months’ gross salary).

Dispute – Unfair Dismissal