ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00052291
Parties:
| Worker | Employer |
Anonymised Parties | Worker | Drone Company |
Representatives | self | Baynes & Co LLP Solicitors Baynes & Co. LLP Solicitors/Tim Dixon BL |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Section 13 Industrial Relations Act 1969 | CA-00063943 | 6/6/2024 |
Workplace Relations Commission Adjudication Officer: Brian Dalton
Date of Hearing: 26/09/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The worker commenced her employment on the 18th of July 2023. She received notice of termination on the 6th of June 2024. Her notice period was one calendar month. Her employment ended on the 5th of July 2024. The worker believes that her employment ended because she was on sick leave. The Company stated that her employment ended arising from trading difficulties. |
Summary of Workers Case:
The worker stated that her employment ended for the following reason and that it was unfair. “Was on sick leave from 4th of June 2024 to 8th June 2024 medical certificate was supplied to the employer via office email id. Unfortunately, on 6th June 2024 at about 3.00pm I received a call from HR stating that they had to let me go as my position is no longer required”
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Summary of Employer’s Case:
The Company accepted substitution of their correct name as the name used by the worker is not the employer. The Company opened their accounts which reveals a trading loss. The Company ended the worker’s contract arising from their financial difficulties. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
There appears to be a lack of communication with the worker prior to the cessation of employment. Based on the representations made and that the financial records opened to this hearing; although, not audited, support the Company’s reason for cessation of employment due to trading difficulties. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The purpose of this recommendation is to assist the parties to resolve the dispute. The Company has no funds to pay compensation. There have been shortcomings in communication. However, the worker’s employment ceased due to trading difficulties and not arising from sending in sick certificates and absence.
I find that the employment ceased due trading difficulties and further to section 13(3) of the Act:
(3) (a) Subject to the provisions of this section, a rights commissioner shall investigate any trade dispute referred to him under subsection (2) of this section and shall, unless before doing so the dispute is settled—
(i) make a recommendation to the parties to the dispute setting forth his opinion on the merits of the dispute, and
(ii) notify the Court of the recommendation
I find that the worker was not unfairly dismissed.
Dated: 30th of September 2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Unfair Dismissal |