ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003244
Complaint for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977
Date of Adjudication Hearing: 06/10/2016
In accordance with Section 8(1B) of the Unfair Dismissals Act, 1977, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant was employed from 1st April 2014 until the employment was terminated with immediate effect on 7th May 2016. The Complainant was paid €10.00 an hour and she worked 12 hours a week. The Complainant was not provided with a written statement of her Terms and Conditions of Employment or the Grievance and Disciplinary Procedures of the Company.
The Complainant referred a complaint to the Workplace Relations Commission on 23rd May 2016 alleging she had been unfairly dismissed.
Summary of Respondent’s Position.
The Complainant was employed from 1st April 2014, was paid €10.00 an hour and worked 12 hours a week.
The Complainant was issued with a verbal warning on 19th March 2016 as she arrived for work under the influence of alcohol.
The Complainant was issued with a written warning on 19th April 2016 in relation to her unsatisfactory performance and her conduct – letter provided. The Complainant responded to this by letter dated 27th April 2016.
On 6th May 2016, the Complainant was not at work. The Respondent stated that a known “Junkie” arrived into the Premises and asked to speak to the Complainant. He was informed that she was not at work. He stated that he had the Complainants tablets and asked if he could leave “her gear”. He was refused.
The Complainant was dismissed with immediate effect given the nature of the business which operates as a Taxi/Cab Premises. The Complainant was issued with a letter of dismissal dated 7th May 2016.
The Respondent provided a significant number of texts between the Complainant and another employee who attended as a witness at the Hearing in relation to the provision of drugs. This covers the period between November 2015 and March 2016. This employee was also dismissed.
Summary of Complainant’s Position.
The dismissal of the Complainant was unfair as it did not observe fair procedures and ignored S.I. 146/2000. The letter of dismissal did not state the reasons for her dismissal. She was not afforded an opportunity to defend herself.
The Complainant stated she was not aware of the reason for her dismissal. The Complainant also stated that she did not receive a verbal warning on 19th March 2016
The Complainant stated that she was a participant on a Community Employment Scheme which is due to finish in the summer of 2017.
The Complainant stated that she had worked for some 3 months since her dismissal, working 4 hours a week and she was paid €11.00 an hour. That employment ended one month ago. There was no evidence presented to support this contention.
On the basis of the evidence I find as follows:
The Complainant worked as a Radio Controller in a Taxi/Cab Premises.
The Complainant had been issued with a verbal warning on 19th March 2016 for attending at work under the influence of alcohol
The Complainant had been issued with a written verbal warning on 19th April 2016 in relation to her performance and conduct.
The Complainant was not in work on Friday 6th May 2016 when a known “junkie” came to the Respondent’s Premises with “tablets/gear” for the Complainant. There was also evidence provided by the Respondent from text messages between two employees that the Complainant on a frequent basis between November 2015 and March 2016 requesting drugs and these texts were not denied by the Complainant at the Hearing.
The Complainant stated that she rang the Respondent during which she was informed “there was a junkie here with drugs for you”. This exchange on the phone was put on loudspeaker and the Complainant was informed that “she could not be sending fellas like that over here at work”
The Complainant and her Representative stated that the Respondent did not observe fair procedures to the dismissal of the Complainant.
I note that the Complainant was not afforded a Disciplinary Hearing nor was she afforded a right of appeal of the decision to dismiss in breach of fair procedures and natural justice. The letter of dismissal does not state the reason for her dismissal.
However Section 6 (4) (b) of the Unfair Dismissals Act, 1977 provides as follows “…the dismissal of an employee shall be deemed not to be an unfair dismissal if it results wholly or mainly for one or more of the following….. (b) the conduct of the employee”
In accordance with Section 8 of the Unfair Dismissals Act, 1977 I declare the complaint of unfair dismissal is not well founded.
Date:__8th December 2016___________________________________________