Case Number: ADJ-00021227. Workplace Relations Commission

• Court: Workplace Relations Commission
• Date: 14 November 2019
• Docket Number: ADJ-00021227

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, 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 complaint dispute.

Background: Summary of Complainant’s Case:

The complainant commenced working for the respondent as a sales manager on the 15th of January 2018. The complainant performed to a very high standard and was meeting his weekly and monthly targets. His performance was never an issue. His ‘lack of performance’ was never brought to his attention. Senior management never informed him that they were not happy with his performance. Furthermore, the complainant was never asked to attend a meeting with regards to his performance. On the 12th of November the complainant was called into a meeting with the financial controller. During that meeting he was told that he was being let go and that he would receive a month's notice. No further explanation was forthcoming. He was not afforded an opportunity to improve his performance nor was he put on a performance improvement plan. He was simply instructed to leave the building immediately. The complainant found the entire experience degrading and humiliating. He is of the belief that he was not treated fairly and that his employment law rights were ignored by the respondent.

Summary of Respondent’s Case:

Contrary to what the complainant has alleged, the respondent states that the complainant met with the respondent on numerous occasions. The first meeting was at the end of quarter 1. The purpose of the meeting was to discuss the complainant’s performance. The targets for that quarter were €33,000 and the complainant was 7% short of that. On the 24th of July, the end of Q2, the complainant again met with the respondent to discuss the...