Case Number: ADJ-00024074. Workplace Relations Commission

Docket NumberADJ-00024074
Date17 December 2019
CourtWorkplace Relations Commission
PartiesA Warehouse Operative v A Car Parts Company
Procedure:

This dispute was submitted to the WRC on September 11th 2019 and, in accordance with Section 13 of the Industrial Relations Act 1969, it was assigned to me by the Director General. I conducted a hearing on December 11th 2019 at which I carried out an investigation and gave the parties an opportunity to be heard and to set out their respective positions. The complainant represented himself and the respondent was represented by Ms Orla O’Leary, a solicitor from the firm, Mason Hayes and Curran. She was assisted by Ms Louise Ryan. Two of the respondent’s managers attended the hearing and gave evidence concerning the circumstances of the complainant’s dismissal.

Background:

The complainant joined the respondent company as a warehouse operative on November 9th 2018. On August 23rd 2019, he was at work and using his mobile phone and he was asked to put in a locker. When he refused, an investigation ensued, followed by a disciplinary hearing on August 27th. At the disciplinary hearing, the complainant said that he needed to have his mobile phone at all times and he refused to agree to put it away during working hours. On August 28th, his employment was terminated for refusing to obey a reasonable instruction. His case is that his dismissal was unfair.

At the time of his dismissal, the complainant had not completed one year of service and he has therefore submitted this dispute under the Industrial Relations Act. On his complaint form, he indicated that he wants to be compensated. My task therefore, is consider his complaint and, if I find that his dismissal was unfair, to recommend an amount in compensation.

Summary of Respondent’s Case:

For the respondent, Ms O’Leary said that the complainant’s contract of employment provided that he was on probation for the first 11 months of his service and, at the time of his dismissal, he was on probation.

During his induction, the complainant was informed that the respondent has a mobile phone policy which states that the use of mobile phones during working hours is not permitted, except in cases of emergency. The policy further provides that,

Colleagues found using their own private mobile devices for any reason during working hours, without line manager approval, will be subject to the disciplinary process.” ...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT