Case Number: ADJ-00001250. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00001250
Date15 June 2015
PartiesA Technical Support Person v A Communications Company
Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015 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).

Background:
The Complainant alleged he was unfairly dismissed. The Complainant submitted two identical complaints to the WRC and Compliant Reference Number CA-00001697-002 was withdrawn at the Hearing. This decision relates to reference number CA-00001697-001.
Summary of Complainant’s Case:

The Complainant made a verbal submission. He was dismissed on August 24th 2015 without warning or fair procedures. He was dismissed for what other staff do routinely. He did appeal his dismissal internally but got no response to his request to have an appeal hearing. He advised that just because he enquired about redundancy a few times is not relevant to the case. There was no personal gain for what the Complainant said to Customers. He was encouraged to engage with Customers and give them things if they were unhappy. His personal website was illegally accessed by company Representatives after he left their employment. He was encouraged to send Customers to their own website and got fired for doing it. What he did, did not amount to gross misconduct and he was unfairly treated.

Summary of Respondent’s Case:

The Complainant was dismissed, after an investigation, for inappropriate handing of customer calls and stating to Customers that he was going to be made redundant if they did not leave positive messages about him on the Company web site or his Facebook. He failed to follow Company protocol and gave away company property for free and inappropriately. He used inappropriate language to customers. The Complainant made derogatory remarks about the company and management to customers. The Complainant lied to customers. The Complainant was given the opportunity to present his answers to the allegations and he failed to provide any reasonable answers. The Complainant had previously failed to follow company policy when on sick leave. The Complainant had a Union Representative present at his disciplinary hearing. The Complainant was advised to contact his Union Representative when the allegations of gross misconduct were presented to him initially. The Complainant was represented by his Union Representative at the final disciplinary outcome meeting...

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