Case Number: ADJ-00000046. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000046
Date20 April 2016
PartiesAn Employee -v- An Employer
Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.

Background

The Complainant was employed as a Sous Chef from 30th April 2014 to 22nd May 2015. He was paid €34,000 per annum. He has claimed that he was let go for redundancy purposes but this was an unfair dismissal as another person was employed 2 weeks before he was dismissed. He has sought compensation.

Complainant’s Submission and Presentation:

The Complainant’s representative stated that they sought by notice of particulars the reasons for the dismissal but nothing was received. He received no notification of the meeting that led to his dismissal. He was not offered the right of representation. He was not given the right of appeal.

This was an unfair dismissal and it was procedurally unfair as well.

He has sought compensation. He has applied for 30 positions since his dismissal.

Respondent’s Submission and Presentation:

The Respondent stated that they lost a contract in March 2015. In April 2015 they lost another contract. On 22nd May 2015 they received notification of the cancellation of a large contract which was to end 29th May 2015. They needed to cut costs. They cut hours in the Cold Kitchen. They decided to make two Chefs redundant including the Complainant. They met with the Complainant on 22nd May, the day they lost the large contract. They advised him that he was being made redundant. He had previously been offered the Head Chef post but he declined. They did not re-offer him that post as he had declined it. There was no alternative to redundancy.

Findings

I accept the Respondent’s position that they lost three very important contracts.

I note that they implemented savings in the Cold Kitchen.

I note that two Chefs were made redundant including the Complainant.

I note that they considered alternatives...

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