LCR22420

1. Unfair Dismissal

BACKGROUND:

2. On the 10 March 2021 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place in a virtual court room on 9 June 2021.
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WORKER’S ARGUMENTS:

3. 1. The Worker was dismissed without due process or fair procedure.

2. The Worker's reputation has been tarnished as a consequence of the abrupt manner in which he was dismissed.


EMPLOYER'S ARGUMENTS:

4. 1. The Employer states that the worker's employment was terminated during his probationary period as he was unsuitable for the job.

2. The Worker was given feedback and guidance in respect of his performance throughout his employment.




RECOMMENDATION :

The Worker commenced this employment on the 19^th October 2020 in the role of inbound sales chat representative. On the 10^th December 2020, the Worker’s employment was terminated.

 It is the Worker’s complaint that he was dismissed without due process and or fair procedure. In respect of the project he was working, on it is his submission that this was a relatively new project and that he felt there were serious issues with the way the project had been managed. It is his submission that everything was fine until he started to ask questions about quality assurance and payroll and bonuses.

The Worker had concerns that his performance was dependent on the performance of others and that that could impact the performance rating he received. The Worker submitted to the Court that he never received any written formal notification with respect to his performance and that he was not placed on any performance improvement plan. On the 8^th December 2020 by email, he received an invitation to a formal performance meeting the following day the 9^th December 2020 and his employment was terminated with effect from the 10^th December 2020.

The Employer submitted that the Worker’s employment was terminated during his probationary period as he was unsuitable for the job. He was paid one week’s pay in lieu of notice as provided for in the contract he signed on the 8^th October 2020. Shortly after the Worker commenced his employment the client on whose behalf the service was being provided for decided to move away from weekend work which meant a change to the days he worked. The Worker was offered a Monday-Friday role.

However, this shift was paid €3,000 per annum less than the week-end shift. The Worker was not happy and raised the issues with HR who explained what had happened. Despite being unhappy he decided to continue with the contract. In the week commencing 23rd November 2020 the Worker had two long feedback meetings with his line manager in respect of his performance and his relationship with his work colleagues. He raised an issue about the bonus and how it is structured and stated that he did not agree with how it was structured and felt it was illegal. There were discussions about complaints from some of his colleagues in respect of his interactions with them. He did not accept that his interactions were inappropriate in any way.

On the 25^thNovember his line manager had to have a conversation with him, in respect of a conversation he had with a client and the fact that he had strayed outside of the normal process. The line manager had cause to speak to him again when the Worker was given a week’s notice of a meeting with Senior Management on the 30^th November 2020 ,he accepted the invitation to the meeting and then cancelled the meeting eleven minutes before it was due to commence stating that he was too busy with customers to attend.

Two days later on the 2^nd December 2020 the worker declined to follow an instruction from his line manager. It is the Employer’s submission that throughout his employment the Worker was given feedback and guidance in respect of his performance. As issues arose, they were brought to his attention and he was advised of what was required to correct the issues . The Worker’s contract specifically states that during the probationary period either party may terminate the employment by giving one week’s notice.

The Worker was invited to a meeting on the 9^th December 2020 he was advised that he could be accompanied and was provided in advance with a very detailed feedback form from his line manager highlighting the issues for discussion at the meeting. At the meeting on the 9^th December 2020 the Worker was given the opportunity to respond to the feedback document. However, he did not provide any reasons why his performance had been so poor. On that basis the Employer came to the conclusion that he was not suitable for the job and terminated his contract.

The Court having considered the written submissions and the oral submissions on the day of the hearing notes that there was ongoing engagement with the Worker in respect of the issues relating to his performance and that the Worker had been given opportunities to rectify same but had failed to do so. On that basis the Court does not recommend concession of the Worker’s complaint. The complaint fails.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
CO'R	______________________
24 June 2021	Deputy Chairman