Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

N/A

N/A

Act

Dispute Reference No.

Date of Receipt

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

IR - SC - 00004169

22/04/2025

The Worker worked as a Human Resources & Accounts Administrator for the Respondent from 17 February 2025 until 22 April 2025. The Worker worked 24 and 16 hours on alternate weeks. She earned approximately €18 (gross) per hour (amounting to €432 (gross) for a 24-hour week).

The Worker submits that she was dismissed without notice and / or fair procedure. The Employer denies the allegations in full.

The Worker provided written and oral submissions.

The Worker outlined that she was hired as a HR & Accounts Administrator on a part-time basis in February 2025. The Worker outlined that she administered the weekly payroll, handled the onboarding of new employees and dealt with any HR issues which arose.

The Worker outlined that she informed the Accounts Manager during her interview that she would need more training in payroll. She said that she only received one half-day of training in the first week; that there was no SOP or clear instructions; and that it was confusing. The Worker said that she sought guidance from her predecessor but that she was made feel as if she was a burden. She said that she had no support.

The Worker outlined that she had questions regarding her role, responsibilities and pay and that she was not in a position to issue herself her own contract of employment. She further stated that as she did not have a contract of employment, she did not know that she was subject to a probation period.

The Worker said that only minor mistakes were raised with her and that she was able to rectify them. She said that she requested additional training but did not receive it.

The Worker outlined that when she returned from a period of approved annual leave, the Accounts Manager and the Business Partner were in the office waiting for her. They told her that it was not working out and they dismissed her without notice. She said that the dismissal affected her confidence and her credibility in the industry. She said that she was unemployed for five months.

The Employer provided written and oral submissions.

The Employer’s Accounts Manager outlined that the Employer’s business was split in February 2025. She said that the Worker was hired to look after the HR matters for one side of the business, while her predecessor was tasked with looking after the HR matters for the other side of the business. The Accounts Manager stated that during the interview, the Worker indicated that she had experience with the relevant software and that she would be able to undertake the payroll and accounts duties, but that she might require some “follow-up”. The Accounts Manager also believed that the Worker was told during her interview that she would be subject to a probation period, but she could not say this for certain.

The Accounts Manager outlined that the Worker’s predecessor came to the office and onboarded the Worker. She said that the Worker’s predecessor sat with the Worker and took her calls on a number of occasions to address the Worker’s queries.

The Accounts Manager outlined that during the second week of the Worker’s employment, the Worker indicated that she was no longer available for 24 hours per week and sought to reduce her hours to 16 hours per week. The Accounts Manager said that the Worker subsequently sought a pay rise which was refused. The Accounts Manager outlined that the Worker was responsible for providing her own contract of employment but failed to do so.

The Accounts Manager outlined that there were a number of issues with the Worker’s standard of work and she referred to various emails to the Worker dated March and April 2025, which outlined these issues. The Accounts Manager stated that, as a result of serious errors made by the Worker, differing pay records were sent to Revenue and the bank; staff pay was incorrect; and a staff payroll deadline was almost missed.

The Accounts Manager referred to a template contract of employment issued by the Employer. She confirmed that it did not contain any reference to a probation period. The Accounts Manager stated that as part of the Worker’s role, the Worker issued contracts of employment to new staff, which included a probation period. The Accounts Manager stated that the Worker was aware that she had a probation period.

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

The Employer must demonstrate that a dismissal was: (1) substantially fair; and (2) procedurally fair.

The Labour Court emphasised the importance of fair procedures in Beechside Company Limited t/a Park Hotel Kenmare and A Worker, LCR21798, noting:

“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.”

Fair procedures are set out in the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000).

On the information before me, it appears that the Employer had concerns regarding the Worker’s standard of work, which were raised with her by email in April and March 2025. However, the Employer has not demonstrated that it followed any procedures in relation to the Worker’s dismissal and so it follows that the Employer has not demonstrated that the Worker’s dismissal was procedurally fair.

In the circumstances, I find in favour of the Worker. I recommend that the Employer pays the Worker €1,440 (approximately four weeks’ gross pay) in compensation.

Industrial Relations Act, section 13, Unfair Dismissal.