Case Number: ADJ-00000104. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000104
Date11 March 2016
PartiesAn Employee -v- An Employer

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000104

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

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00000144-001

08/10/2015

Date of Adjudication Hearing: 05/02/2016

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure:

The dispute comes before me pursuant to Section 13 (1) Industrial relations Act, 1969 following the referral of the dispute to me by the Director General pursuant to the Workplace Relations Act, 2015. I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Complainant’s Submission and Presentation:

The complainant stated that she started working for the respondent in May, 2015. She was not given a contract of employment or any terms and conditions of employment. Upon commencing her employment she was told she would be working all day Saturday and Sunday and one afternoon during the week. She worked without issue until September, 2015.

A new employee who was related to management started on the September 2015. From that date onwards the complainant’s hours were cut in order to make hours for the new employee. Initially she lost one day at the weekend. Two weeks later she was taken off weekend’s altogether. She questioned her manager about her hours being cut. Her manager replied ‘do you want to leave’. Her manager said that there were issues with her employment:

  • She is always touching her breasts and thinking about her new baby and as a result was not concentrating on her job.
  • Nobody wanted to work with her.
  • Her refusal to change the expiry date on the food to reduce waste was costing the company money.

The complainant did accept that she refused to change the expiry date on the food because it was in breach of the Health and Safety regulations and by doing so might make people sick.

The complainant has never received an verbal or written warning whilst employed with the respondent. She was not made aware of any of the above stated issues until the day she was let go. In response to the question, “do you want to leave ” the claimant told her manager that she did not want to go, she wanted her hours returned...

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