ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00046801
Parties:
| Worker | Employer |
Anonymised Parties | Security Officer | Facilities Company |
Representatives | Self-represented | HR Company |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Industrial Relations Act 1969 | CA-00057623-001 | 10/07/2023 |
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Date of Hearing: 23/11/2013 & 09/05/2024
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 Worker contends that he was unfairly dismissed after 7 months’ service following a successful complaint he made to the WRC about payment of public holidays.
Summary of Workers Case:
The Worker stated that he was engaged on a fixed term contract initially for 3 months at one of the Employer’s client’s sites. That contract was extended twice for a 2-month period each time. On 30th June 2023 his contract was not renewed. He contends that at least 2 other employees were engaged just before his employment was terminated. He stated that a Security Guard was taken on at the site in and was made permanent just two months before he was dismissed. He was given no reason for the termination which was communicated to him by email. He believes that the reason for the termination was that he had taken a case to the WRC for payment of the Christmas 2022 public holiday which was successful.
Summary of Employer’s Case:
The Employer was put on notice of the first hearing convened for 23rd November 2023. The then representative of the Company sought and was granted an adjournment on the day due to the non-availability of a HR Business Partner to give the Employer’s side of the dispute. The hearing was reconvened for 9th May 2024. Before that date, another representative (HR Company) came on record for the Employer. By email dated 21st March 2024, the HR Company confirmed to the WRC that the firm would now be on record for the Employer. That email stated: “as regards the hearing which has been scheduled for 9th May 2024, please note that the Respondent will not be engaging with regards to the complaint under S13 of the Industrial Relations Act and therefore will not be in attendance at the hearing on 9th May 2024”.
Conclusions:
The Worker’s statements were uncontested as the Employer did not attend the hearing. The Worker stated that he was dismissed by email and no reason given except to say his contract was not being renewed. He stated that another Security Guard was hired for the same site approximately 2 months before his dismissal. He could see no reason for his dismissal except for the fact that he had successfully complained to the WRC about the correct rate for public holidays. The Employer did not attend so I did not have any rebuttal of the Worker’s claims. If it were so, that the Worker was dismissed for having exercised his rights under labour legislation then this would be a serious matter involving penalisation of an employee. However, as I have no rebuttal arguments, I make no finding on this matter. However, as there was no reason apparently given to the Worker for the non-renewal of his contract, it left him with speculation (rightly or wrongly) as to the reason. If the Employer had problems with the Worker’s performance then it would have been incumbent upon them to bring the Worker through procedures. In order to draw a line under the dispute, and recognising the voluntary nature of the Industrial Relations Act, I recommend the Employer offers the Worker the sum of €750 compensation in full and final settlement of this dispute.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend the Employer offers the Worker the sum of €750 compensation in full and final settlement of this dispute.
Dated: 12-06-2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Industrial Relations Act, dismissal, Employer not present, compensation of €750 |