Case Number: ADJ-00000058. Workplace Relations Commission

Docket NumberADJ-00000058
Date08 April 2016
CourtWorkplace Relations Commission
PartiesAn Employee -v- An Employer

Adjudication Decision Reference: ADJ-00000058

Complaint(s)/Dispute(s) for Resolution:


Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977



Date of Adjudication Hearing: 01/02/2016

Workplace Relations Commission Adjudication Officer: Emer O'Shea


In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

Dismissed in circumstances where I was not permitted to take a lunch break. Furthermore there was no good or proper cause of urgency in the work place evident and I would not have been in a position to take my lunch until the evening after the work had been completed.

The claimant was employed as an engineer with the respondent .He commenced employment on the 1st.July 2003 and submitted that he was unfairly dismissed on the 7th.August 2015.The claimant’s representative summarised the claimant’s employment history and charted his progression from apprentice to Engineer.It was submitted that working relationships began to deteriorate in 2011/2012 when the claimant believed that he was being treated less favourably than his colleagues vis a vis on call and work complexity.The claimant approached the other Company Director Mr.EN about his grievances – he believed no progress could be made and ultimately resigned.He was approached by the other Director (Mr.S)2 weeks later and he offered to redeploy him into the shop where he would deal with deliveries and refurbishment of fridges.He accepted the offer even though it involved a drop in salary.

The claimant submitted that he was dismissed over the phone by Mr.S on the 31st.July over a row about his lunch break.The claimant and his colleagues were asked by Mr.S to attend a clients premises immediately – the claimant anticipated that the job would take 3-4 hours to complete and that they would have to work late into the evening.The claimant had not eaten all day and travelled through town to collect a sim card for his phone and grab a sandwich and a drink.The claimant received a call from Mr.S wondering why he was not on site .He explained that he was getting a sandwich and that there would be a delay in any event as some of the staff did not have the requisite safe pass certification to access the site.He submitted that Mr.S said to him that he “ was sick of Alan” 2 that it was the end of the road “ and “ that it wasn’t working out and that I don’t want you working”.The claimant asserted that he was under no illusion but that he had been dismissed.The claimant asseted that he attempted to contact Mr.S in an effort to resolve matters a few weeks later but he was advised that Mr.S was on leave – he asked Accounts for his P45 so that he could avail of Social Welfare.

It was submitted that the claimant had never been furnished with terms and conditions of employment or any grievance or disciplinary procedures.It was submitted that when the claimant eventually engaged with Mr.S. there was no effort made to dispel his understanding that he had been dismissed.When he asked for an...

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