Case Number: ADJ 00037856. Workplace Relations Commission

• Date: 05 May 2022
• Docket Number: ADJ 00037856
• Court: Workplace Relations Commission

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes. The dispute CA-00038689-005 in relation to Bullying procedures was withdrawn by the Employee.

Background:

The Employee worked as a special need’s teacher with the Employer. The Employee started on 27th August 2019 and her position was terminated on 6 January 2020. The Employee worked a 25-hour week for gross pay of €320; net €290. The Employee contends that she was not afforded proper disciplinary procedures up to and including her dismissal. The Employee also claims that she had not been paid wages which were due to her. The Employer contests both claims.

Summary of Employee’s Case:

CA-00038425-001-Unfair Dismissal as a dispute under section 13 of the Industrial Relations Act 1969 (as amended): On 4 November 2019 the Employee received a letter of dismissal from her Employer stating that she was being dismissed. The Employer cited a customer complaint in regard to her attitude and a high level of absenteeism from her start date of 27 August 2019. She was advised to work her leave period but then was put on garden leave in early December pending her termination date of 6 January 2020. The Employee claims that the Employer did not investigate any complaints against her and that she was denied proper disciplinary procedures to allow her to answer her case. CA-00038689-004 – Delay in Wage Payment The Employee claims that when she returned from leave in September 2019 she was not paid wages that were due to her. She accepts that any outstanding wage was eventually paid but that the actions of the Employer in denying her wages at the time resulted in considerable hardship to herself and her family. She also claims she was not fully reimbursed for expenses she incurred whilst attending a training event in Dublin.

Summary of Employer’s Case:

CA-00038425-001-Unfair Dismissal as a dispute under section 13 of the Industrial Relations Act 1969 (as amended): The Employer submits that the employment relationship with the Employee was difficult from the beginning. Since her start date the Employee had developed a pattern of lateness and absenteeism. Members of the Employer’s staff and a parent had made complaints about her. The employer also submits that a member of staff had resigned over the alleged behaviour of the Employee. On 4 November 2019 a notice of termination of the Employee’s employment was sent to the Employee. The Respondent cited a customer complaint regarding her attitude and a high level of absenteeism from her start date of 27 August 2019. The Employer accepted that it did not carry out a disciplinary procedure contained in the Employee’s contract in that it did not have an investigation nor a disciplinary hearing where representation could have been allowed to the Employee. CA-00038689-004 – Delay in Wage Payment The Employer submits that the delay in paying the wages of the Employee resulted from...