ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050953
Parties:
| Complainant | Respondent |
Parties | Brandon Doran | Ennis Martin Architecture Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self Represented | Robert Jacob Jacob and Twomey Solicitors LLP |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00062104-001 | 08/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00062104-003 | 08/03/2024 |
Date of Adjudication Hearing: 04/07/2024 & 17/09/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and two witnesses for the respondent undertook to give evidence under affirmation. The initial hearing was adjourned due to a medical emergency and upon reconvening, the respondent conceded the Unfair Dismissal complaint and the Minimum Notice complaint. A gross weekly salary of €632.50 was agreed between the parties. |
Summary of Respondent’s Case:
CA-00062104-001 Unfair Dismissal The respondent conceded the unfair dismissal complaint and accepted the complainant’s position regarding his loss of earnings. CA-00062104-003 Minimum Notice The respondent conceded the minimum notice complaint. |
Summary of Complainant’s Case:
CA-00062104-001 Unfair Dismissal The complainant submitted that he was unfairly dismissed and that his loss of earnings amounted to 8 weeks salary. CA-00062104-003 Minimum Notice The complainant submitted that he was not paid for the minimum notice to which he was entitled. |
Findings and Conclusions:
CA-00062104-001 Unfair Dismissal The complainant submitted that he was unfairly dismissed and that his subsequent loss of earnings amounted to 8 weeks salary. The respondent conceded that the complainant was unfairly dismissed. It did not challenge the submission regarding his loss of earnings. Having regard to the written and oral submissions in relation to this complaint, I find that the complainant was unfairly dismissed, and I am satisfied that his loss of earnings amounted to 8 weeks salary. His agreed salary amounted to €632.50. Therefore, his total loss of earnings amounted to €5,060 CA-00062104-003 Minimum Notice The complainant submitted that he was entitled to minimum notice. The respondent conceded that the Act was contravened, and that the complainant was entitled to one weeks’ notice. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA-00062104-001 Unfair Dismissal Having regard to all the written and oral evidence, my decision is that the complainant was unfairly dismissed. Under the provisions of the Act, I make an award of redress in the amount of €5,060 CA-00062104-003 Minimum Notice Having regard to all the written and oral evidence, my decision is that the Act was contravened. Under the provisions of the Act, I direct the employer to pay compensation in the amount of €632.50 for the loss sustained by reason of the contravention |
Dated: 19th September 2024.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Unfair Dismissal – conceded – redress awarded – Minimum Notice – conceded – compensation awarded |