Case Number: ADJ-00000062. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000062
Date26 April 2016
PartiesAn Employee -v- An Employer

Procedure:

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:

The Claimant was summarily and unfairly dismissed on or about 18th May 2015. The Claimant was not afforded fair procedures, in that, the Respondent's disciplinary procedures were not properly implemented in the dismissal of the Claimant. Without prejudice to the foregoing, the Respondent's disciplinary procedures were unfair and inadequate. The Claimant was not afforded fair procedures in her dismissal, or at all, and her dismissal is unfair pursuant to the Unfair Dismissal Acts, 1977 to 2005. Without prejudice to the foregoing, the Claimant reserves the right to adduce in evidence at the hearing of this matter further instances of wrongdoing on the part of the Respondent which led to the Claimant being unfairly dismissed pursuant to the Unfair Dismissals Act, 1977 to 2005.

The Claimant was employed as a Harnesser at the Respondent’s Activity Park on a part time/casual basis. She commenced her employment on 17th March 2012.

At the hearing the Claimant contended that she was rostered for duty on the weekend of 1st May 2015 but she was advised not to come in to work due to inclement weather. (This is standard practice as there is less demand for Harnessers during inclement weather).

On 4th May 2015 the Claimant did not attend for work as she was not rostered. She indicated that she had been suffering from a bad back during the previous two weeks and had being receiving attention for that. She had been off work from 18th April 2015 due to back pain.

The Claimant was not subsequently rostered for duty following g the weekend of 1st May 2015, and on 15th May 2015 she was notified by the Respondent, in a Facebook message, that she would be issued with her P45.

The Claimant has alleged this amounts to unfair dismissal as the Respondent failed to follow any procedures in relation to her dismissal.

Respondent’s Submission and Presentation:

The Respondent...

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