Worker

Employer

Anonymised Parties

Administrator

Commercial Vehicle Testing Centre

Representatives

  Self

 SIMI

Act

Dispute Reference No.

Date of Receipt

Industrial Relations Act 1969

CA-00062692

09/04/2024

The worker commenced employment with the employer on 6 June 2023. She was paid €512 gross salary per week. Her employment ended on 5 April 2024 by the decision of the employer. 

She brought a claim under the Industrial Relations Acts only. 

The employer called an open staff meeting on the 25 March 2024. At the meeting the company owner advised the staff of changes that were taking place in the rostering of staff and hiring an additional staff member who had previously worked for the employer.

The changes proposed were to reduce the worker's scheduled working time from 32 hours a week to two days a week (Thursday and Friday 8 AM to 5 PM).

The changes were to come into effect on 8 April 2024.

The worker disagreed with the proposed changes and a further meeting was arranged for the 29 March 2024. The employer confirmed again at that meeting that Thursday and Friday were the only days that he had available for the worker. He confirmed that he was rehiring a previous employee to return into the office.

The worker was very aggrieved by the proposed changes. She advised him that she had left full-time employment to accept his job offer in good faith and that she expected the employer to honour her contract of employment.

There was no mention at either of the meetings that the change to working hours would be temporary in nature only.

On the 5 April 2024 the employer issued letter of termination to the worker. There was no prior notice of this termination or process leading up to the issue of the letter of termination. This was the only correspondence the worker had received from the employer apart from her contract of employment.

The letter of termination referred to the worker indicating that she would report the employer to the WRC. It further stated that trust and professionalism had been broken down between the parties and the relationship had been completely severed and beyond repair.

The worker gave evidence that she was unemployed from the termination of her employment until the 26 August 2024. She advised that she made 16 applications and had made efforts every day to get a job. She said for the first couple of months after the termination of her employment she was very upset. She had to attend her GP. She later started applying for Administration jobs. There was no evidence from her GP before me as to her capacity to work or not during this period.

The employer's representative queried if the worker had made sufficient efforts to find new employment between the ending of her employment on 5 April 2024 and commencing employment on 26 August 2024.

It's case was that it had been flexible in altering the workers work hours in November 2023 and reduced her working hours to 32 hours per week at her request.

It advised that the worker had 10 months service when her employment ended in April 2024 and that she was paid two weeks in lieu of notice.

It set out that on 25 March 2024 a general staff meeting took place with all employees to outline and discuss the proposed changes to the business which were designed to meet changing market needs. It was outlined at this meeting that this involved changes to operating hours and could involve temporary changes to working hours.

The employer described the working environment after the meetings with the worker as toxic and set out that a decision was made to dismiss the worker in those circumstances.

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

The matter before me was brought under the Industrial Relations Act 1969 and related to a claim of unfair dismissal.  The worker represented herself.  Based on the information presented to me, the worker could well have brought a claim under section 6C of the Terms of Employment (Information) Act 1994 as amended. This complaint was not before me.

I have given careful consideration to the submissions of both parties. I have reviewed the contract of employment between the parties dated 6 June 2023. Under the heading Dismissal, it sets out

" At all times the employer will abide by procedural fairness under current employment legislation when dealing with dismissals from the company".

Having considered the positions of both sides, I find that the decision to terminate the worker came about due to her conduct following proposed unilateral changes to her contractual terms by the employer.  The procedures adopted by the employer in the termination of the worker’s employment were seriously flawed. She was not afforded fair procedures in accordance with the Code of Practice on Grievance and Disciplinary Procedures S.I. No. 146 of 2000.

The Labour Court has consistently held the view that it is imperative that an employer in a dismissal case must not only show that there were substantial grounds justifying the dismissal but also that fair and proper procedures were followed before the dismissal takes place. This requirement of procedural fairness is rooted in the common law concept of natural justice.

I am satisfied that the worker was not provided with details of any performance issues; no warning was given that her employment was in jeopardy; she was not afforded the right to representation; she was not afforded an opportunity to appeal the employer’s decision to terminate her employment.  Overall, I find that she was denied natural justice.

In all the circumstances of this case and bearing in mind that the worker left a permanent and pensionable employment to take up the offer of a job from the employer I recommend that the Employer should compensate the worker by the payment of 16 weeks gross salary of €8,192.00 to be accepted in full and final settlement of the claim.  I accept that the worker may not have been in a position to work for the full duration of the time she was out of work.

Industrial Relations. Recommendation.  Unfair Dismissal.  Fair Procedures.