Worker

Employer

Anonymised Parties

A Security Guard

A Facilities Services Company

Representatives

  Self - represented

Self - represented

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act

CA-00058155-001

07/08/2023

The Worker commenced employment with the respondent on 1 June 2023 as a security guard. The Worker asserts that he suffers from nocturnal epilepsy seizures and it affects his work and his ability to perform. He states that after reporting his health issues to his supervisor and the Area Manager on 11 July 2023, a report was concocted by management and he was dismissed from the company on 13 July 2023 on the purported grounds of performance issues. The Worker states that it was evident that the primary reason for his termination of employment was due to reporting his health issues.   The Worker states that he was unfairly dismissed from the company without any fair procedure or process.   

The Employer stated that that the company is in voluntary liquidation as a result of insolvency.

The Employer states that the worker commenced with the respondent on 1 June 2023. The Employer refutes the assertion by the Worker that he was dismissed due to health issues and submits that the Worker resigned his employment.

The Employer states that the Worker was under probation and had several performance issues that were being relayed to him in a review meeting. The Employer states that both the Site Supervisor  and the Area Manager went through the issues with the worker and took note of his responses. It was submitted that there was a break taken to allow the Site Supervisor and Area Manager discuss the meeting to that point and a decision was taken on the basis of the Worker going on holidays for a period that they would monitor his performance over the following two weeks. The Employer states that however when the Worker came back into the room he was very angry and irate and in fact decided he was going to leave of his own volition.  The Employer states that the Worker was not dismissed but resigned his employment.

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

I have carefully examined the information provided by both parties in the within dispute.  I find the information provided by the Worker to be more cogent and compelling. I find that he was consistent in the information he gave at the hearing and substantiated his version of events. I find that the Employer’s submissions on the within dispute were less than compelling.

I find that the Worker was not treated fairly by the Employer. I find that there was a lack of fair procedures applied to the Worker, in that, he was not afforded a fair process in line with the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000).

I find that the Worker did not resign his employment but was dismissed on the basis of purported performance issues contrived by the Employer.  

Based on a review of the information in the within dispute, I find in favour of the Worker. I recommend that the Employer pays the Worker compensation in the amount of €2,500.

Industrial Relations Act