Case Number: ADJ-00003806. Workplace Relations Commission

• Judgment Date: 01 August 2017
• Year: 2017
• Docket Number: ADJ-00003806
• Court: Workplace Relations Commission
• Parties: A Bar Worker v A Bar and Restaurant

ADJUDICATION OFFICER DECISION Adjudication Reference: ADJ-00003806 Parties:

	Complainant	Respondent
Anonymised Parties	A Bar Worker	A Bar and Restaurant

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00005607-001	30/06/2016

Date of Adjudication Hearing: 12/07/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complainant was employed as a bar worker on the basis of a part time contract and on the National Minimum Wage. In January 2016 she experienced a reduction on her hours which led to her resigning her position. She is claiming constructive unfair dismissal.

Summary of Respondent’s Case:

The respondent says that any reduction in the complainant’s hours was attributable to seasonal factors; common in the licensed trade in January when sales fell by seventy-five per cent. Since she started work with the respondent her average hours were just under thirty. In applying the reduction to the complainant she was treated no less favourably than any other person who was employed on a part time contract. Indeed in respect of one comparator she was given more hours. (Details were provided of the relevant rosters). In addition, in relation to one of the weeks for which she was not rostered she had not turned up for her shifts the previous week. There is only week in respect of which the complainant has any grievance, that of January 11th. In respect of the complaint of constructive dismissal the complainant did not engage with the employer or use the grievance procedure as she is obliged to do.

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