Complainant

Respondent

Anonymised Parties

A Driver

A Fastener Supplier

Representatives

  In person

 Peninsula Business Services Ireland Limited

Act

Complaint/Dispute Reference No.

Date of Receipt

Dispute seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969

CA-00061727-001

22/02/2024

The employee was employed as a van driver from 6th June 2023 until 21st February 2024. The employee successfully completed his six-month probationary period and was a permanent employee from on or about the 5th December 2023. The employee was dismissed for gross misconduct on 21st February 2024.

As the employee was employed for less than twelve months, he did not have the requisite service to bring a complaint under the Unfair Dismissals Act, 1977. Accordingly, the dispute was referred to the Workplace Relations Commission (WRC) on 22nd February 2024 in accordance with the provisions of Section 13 of the Industrial Relations Act, 1969.

The employee contends that he was unfairly dismissed. The employee confirmed that he had passed his probationary period and was a permanent employee. In respect of the issues leading to his dismissal, the employee stated that as regards taking additional breaks, he was visiting his grandmother and had simply lost track of time on those occasions. The employee further stated that he sent messages in respect of his sick leave absences on two occasions but was unaware of any wrongdoing in respect of reporting procedures or in respect of using his van for personal journeys. The employee also stated that he had an accident while driving and had reported the incident to the Warehouse Manager and contends that in respect of an alleged refusal to carry out a delivery, that was a misunderstanding, as he had never refused to carry out his role. The employee stated that he was dismissed for gross misconduct on 21st February 2024 without being afforded the right to fair procedures.

In supplementary documentation submitted post hearing, the employee confirmed that he commenced in new employment on the 27th March 2024 approximately five weeks after his dismissal.

The employer stated that the employee was dismissed with effect from 21st February 2024. The employer stated that the employee took unauthorised breaks during the working day on approximately 38 occasions between September 2023 and February 2024 and used his company vehicle for personal use without authorisation. The employer also stated that the employee was absent on sick leave approximately six times between December 2023 and February 2024 and did not comply with the appropriate sickness reporting procedures in place on each occasion. The employer further stated that the employee caused damage to a company vehicle and did not follow correct reporting procedures and on another occasion refused to carry out a delivery resulting in the need to have a courier engaged at additional cost to the employer.

The employer stated that on 13th February 2024 a meeting took place with the employee where he was given an opportunity to improve, however as there was no improvement, the employee was dismissed for gross misconduct on 21st February 2024. The employee did not appeal his dismissal despite having an opportunity to do so.

I have considered the submissions of both parties to this dispute. While there were issues with the employee in respect of unauthorised breaks, sick leave reporting during the probationary period and other issues, he had successfully completed his probation and was a permanent employee at the point where he was dismissed for gross misconduct in February 2024.

I further note that the employer has a comprehensive disciplinary process but did not invoke its own procedures in relation to the issues that led to the employee’s dismissal, either during the probationary period or in advance of deciding to terminate his employment in February 2024. In my view, while there may have been reasons for the employer to consider terminating the employment, not affording the employee due process in relation to those issues prior to dismissing him has rendered the dismissal procedurally unfair. On that basis I find in favour of the employee and recommend that he receive two weeks’ gross pay in compensation.

In all of the circumstances of the dispute, and for the reasons stated, I recommend that the employer pay the employee €1,160.00 (two week’s gross pay) in respect of his unfair dismissal.

Unfair dismissal