ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00047850
| Worker | Employer |
Anonymised Parties | A Camp Leader | Children’s Summer Camp Provider |
Representatives | Self-Represented | Self-Represented |
Dispute:
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-00058816-001 | 13/09/2023 |
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Date of Hearing: 08/02/2024
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. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designated the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The Worker commenced employment as a Camp Leader for children in a summer camp on 14 June 2023 and submits her employment was terminated unfairly on 30 June 2023, with two weeks to go on what she believes was a six-week contract. She claims that there is €800 in wages due to her. The Employer refutes the allegation that there was unfairness when she terminated the Worker’s contract because the Employer submits that the Worker was made aware at all times that full flexibility was required and that there was no prior guarantee given to the Worker that she would be retained for six weeks. |
Summary of Workers Case:
The Worker had a phone interview with the Employer where the terms of her employment were outlined. The Worker claims that there was a verbal contract that she would work over a six-week period, and she would receive €2400. She was not given a written contact. She worked away as required but on Friday 30 June 2023, she received an email from the Employer stating that her employment had ceased. At this point, she had completed four out of her six weeks work period. The reasons given for her dismissal, were that "one of our team members from last year, who was initially offered the job, has now become available for the final two weeks of camp". The Worker claims that she was unfairly dismissed and also reived no notice of her dismissal. She felt she could not get other work at such late notice. She had alternative work as well during that period but could not take it up because she had already factored in the work she was supposed to finish out. |
Summary of Employer’s Case:
The Employer said there was never an intention to offer a formal work contract to the worker and she never guaranteed her payment of €2,400 for the duration of a work period. The Employer submitted that the position was entirely flexible, and this was demonstrated on the first Friday that the Worker was employed, when she (the Worker) took a half-day to attend a medical appointment. The other staff understood this flexibility and they were constantly coming and going to facilitate other commitments in their lives. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I found the Worker’s account more plausible, in that I could not imagine her taking up a role, when she had another job, unless the work pattern and work period would dovetail with her second job. I believe that there was a legitimate expectation that she would be employed for six weeks after the initial interview with the Employer. I found the method of termination of her employment and, the purported reason for doing so, to be unfair in every respect. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons outlined above, I find that the Worker’s contract was terminated by the Employer in an unfair manner, and I recommend that the Employer would pay the Worker compensation of €800, the outstanding sum of her wages had she be retained for six weeks.
Dated: 21st of March 2024
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Key Words:
Section 13 of the Industrial Relations Act 1969, Unfair Dismissal. |