Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

Paula Walshe Arag Legal Protection Limited

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act

IR - SC - 00002823

04/07/2024

The Worker alleges that she was dismissed from her employment. The Respondent alleges that she resigned from her position.

The worker resigned her position in July 2024. She accepted today at the hearing of her related claim that she has been paid for her notice period. She alleges that two days after she resigned, she was dismissed by the Respondent. She had previously outlined to the Respondent that she was having interpersonal issues with two members of staff in Unit 4. She however did not raise a formal grievance in relation to those issues, but she did write to the Respondent setting out the issues she was experiencing. She resigned before that could be dealt with.

The Worker commenced employment with the Respondent on or around the 28th August 2023 following interview by the Respondents manager, RHL. The Worker performed well at interview, however there was concern regarding the Workers level of qualification. A minimum of a level 5 FETAC qualification is required to be legally allowed to work in the industry.  The Worker confirmed that she has completed the relevant course, and was awaiting her certificate. She was taken at face value. The Respondents’ Administrative Manager, DH as well as RHL asked to the Worker to provide her certificate on a number of occasions, but the certificate was not provided. The Worker did provide at document confirming that some modules of the course had been passed, but this document did not confirm the qualification.  The Worker was provided with a contract of employment and staff handbook upon commencement, a copy of the contract. On or around 15th August 2023 the Worker signed a document confirming that she read and understood the staff handbook. Clause 20 of the contract of employment sets out the grievance procedure. The full procedure is contained in the staff handbook.

 The Respondent was subject to an inspection from Tusla in May 2024 arising out of a complaint made, which involved the Worker and two other members of staff. It came to light during the inspection that the Workers level 5 FETAC certificate had not been provided. The Worker was again asked to produce the certificate. She indicated that she had already done so, however the Respondent has no record of her having done so.  The Worker indicated that she would contact the college where she completed the course. Those involved in the Tusla complaint, including the Worker were moved to other rooms within the service.  On or around the 1st July 2024, the Worker resigned her position citing interpersonal difficulties.

As stated, the Worker resigned her position on the 1st July 2025, giving notice which was due to expire on the 26th July 2024. It was the Worker and the Worker only who terminated her employment with the Respondent. The Worker had not provided the certificate confirming her qualification. In those circumstances, and give that she had resigned her position, the Worker was offered the opportunity to be paid in lieu of notice by email dated the 3rd July 2024. The relevant extract of which states:

 “I normally would ask anyone who has handed their notice to finish up straight away as I think it’s just quicker and cleaner that way. … Therefore, if you want, I call tell R…. that you finished up today (3rdJuly) once your rostered shift has been completed. I will pay you your full rostered hours until the end of the week. I will then pay you for your 5 remaining holidays next week, and then just your normal rostered hours up until Friday 26th Jule. If this is ok for you I will inform R…. and I would like to thank you for your time in XXX and wish you all the best.”

In response to the above, by email dated the 3rd July 2024, the Worker confirmed that she wished to finish up that day, and that she wanted to be paid in lieu of notice, stating as follows:

 “I will finish up today. I will let R…. when I call in to bring my uniform back and collect my certs. Just to clarify that I will get my normal rostered hours until the 26th July 2024 plus my holiday pay in next weeks rostered hours pay also thank you for my time in XXX.”

 The Worker was again asked for her certificate confirming her qualifications; however, this remains outstanding.

To be clear, the worker was not dismissed from her employment, she resigned.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Worker alleges that she was unfairly dismissed from her employment with the Respondent two days after she resigned. The Worker seems to be confusing dismissal with payment in lieu of working out her notice period. It is clear from the messages between the Worker and the Respondent that she was being paid in lieu of working out her notice period following the Respondent’s acceptance of her resignation.

In circumstances where the Worker resigned from her position and with no evidence to the contrary I find that there is no dispute between the parties.  I am not making any recommendation in those circumstances.