LCR22762

1. Appeal Of Adjudication Officer Decision No ADJ-00034550 CA-0045546-001

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 26 February 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 17 January 2023 the Adjudication Officer issued the following Recommendation:-

• "I recommend in full and final settlement of this dispute that the company pay the complainant compensation of one week’s pay – amounting to €527"

DECISION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The worker commenced employment with the employer on 4^th February 2021 and his employment terminated no later than 15^th February 2021. The worker claims he was dismissed and the employer claims that the worker resigned on 11^th February 2021.

It is undisputed that the worker was scheduled to work on 12^th and 13^th February 2021 and that he did not attend for work on either of those dates. It is also undisputed that the worker texted the employer on 11^th February 2021 saying that he would not be attending for work that week and that he would see his manager on Monday. The worker submitted that his text was not a resignation. The employer submitted that the worker’s line manger understood the text message to be a resignation and submitted that he proceeded to so notify the employer’s HR function on that basis.

The worker submitted that a message of this nature should be acceptable to the employer whereas the employer submitted that it was reasonable to interpret the text message as a resignation.

The Court has examined the papers submitted by both parties in relation to the termination of the worker’s employment on or about 15^th February 2021. It is clear to the Court that it was not reasonable for the worker to unilaterally absent himself from an employment where he had worked for only five days and for him to communicate his decision not to attend work in the manner which he did. The Court also concludes that the employer failed to respond correctly to the worker in that he was not advised on 11^th February that there could be an issue with his decision to absent himself and, further, when the employer decided to interpret the text message as a resignation it would have been reasonable to expect the employer to contact the worker or even respond to the text of the 11^th February to clarify matters. In the event, the employer did not respond to that text at all.

In all of the circumstances the Court concludes that both parties share responsibility for poor and inadequate communication at the material time but cannot conclude that the employer unfairly dismissed the worker.

The Court decides that the employer should make a payment to the worker of €1,000 as a gesture of good industrial relations and in full and final resolution of the within trade dispute. The recommendation of the Adjudication Officer is varied accordingly.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
AR	______________________
24 May 2023	Chairman