Case Number: ADJ-00027997. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00027997
Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015Section 8 of the Unfair Dismissals Acts, 1977 - 2015, Section 13 of the Industrial Relations Acts 1969 following the referral of the complaints and dispute to me by the Director General, I inquired into the complaints and dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and dispute.

Summary of Complainant’s Case:

CA 35973 -001

The Complainant commenced employment with the respondent on a fixed term contract on the 21 January, 2019. The complainant was led to believe, following a conversation with his employment agency that he would be made permanent. When he attended for interview with the respondent, he asked if the contract would be permanent. He was assured that it would be and that “we won’t let a good man go”.

The Complainant accepts that he was given an extension to the end of February to cover holidays. The complainant is at a loss to know why he was not made permanent. He knows there was lots of work to do and that others were employed after he left.

CA 35973 – 002

The Complainant applied for the position of Supply Chain Analysis. His contract of employment was based on that role. His titled was changed and as a result the role. He was not provided with new terms and conditions of employment to reflect the change.

CA 35973 -003

The Complainant was carrying out his duties in relation to his new role. Any mistakes he made resulted in him being reprimanded in front of all of the other employees who worked in his open plan office. Nobody else was treated like that. He did not witness anyone else being given out to in the office. He raised a grievance, by way of email, in relation to the treatment he was being subjected to. He did expect that the e-mail would be treated as a formal written grievance, but it was not. The complainant would like a recommendation directing the Respondent to treat all e-mails containing grievances or complaints as a notice of a formal grievance.

Summary of Respondent’s Case:

CA 35973 -001

The Complainant was first employed by the Respondent under a fixed-term contract of employment provided to the Complainant by letter dated 11 January 2019. The Complainant accepted the offer of employment on 14 January 2019. The Temporary (Fixed Term) Statement of Terms and Conditions of Employment states that the employment commencement date was 21 January 2019 and end date was 21 January 2020. A copy of the Statement of Terms of Employment signed by the Complainant.

By letter dated 10 January 2020, the Respondent wrote to the Complainant, confirming that it was extending his contract of employment to 28 February 2020. The contract extension was due to a temporary increase in workload due to holiday cover. It was further stated that it was not possible to offer the Complainant a permanent post at that time.

The Complainant was due to work until the 28 February, 2020 but he left...

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