Complainant

Respondent

Parties

Bernardo Daniel  Amador Mata

Soleshine Ltd t/a Umi Falafel

Complainant

Respondent

Anonymised Parties

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Representatives

Anthony Collier Collier Law

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00059556-001

23/10/2023

The Complainant was employed by the Respondent from 12 October 2021 as a Deli Chef.  The Complainant alleged that he was summarily dismissed on 26 September 2023 and that he never received an explanation for his dismissal.

The Respondent is a provider of food services.  There was no appearance by or on behalf of the Respondent at the hearing and the Respondent did not provide any written response to the complaint.

The Complainant was employed by the Respondent from 12 October 2021 as a Deli Chef until his dismissal on 26 September 2023.

At hearing he outlined that he was summoned to the office by the employer to a meeting with two members of management, known to him as Adrian and Alena (the Complainant was not aware of the surname of the individuals) and that he was summarily dismissed without reason.  He outlined that he asked for the reason and he was told that he was sitting around.  He stated that he was asked to sign documents in relation to the termination of employment but that he refused to do so. 

The Complainant confirmed that after he was fired, he was unemployed and he confirmed that clause 14 of his contract provided for three weeks’ notice but that he had not received any notice of the termination of employment. 

The Complainant confirmed again that he was called into the office on that date and that he was told he was fired.  He stated that the manager (Alena) had an envelope with money and asked him to sign a document and then leave.  He stated that he asked for the reason for his dismissal, that he felt awful having worked for years with the company and then being kicked out without any reason.  He stated that he did not sign the document or take the money.  He stated that he left the office and went to work and that he was called back into the office again and told to go home until everything calmed down.  He stated that he asked again, “are you firing me” and that both managers said yes. He confirmed again that he wouldn’t sign the document and he stated that he would leave and come back the following day. 

The Complainant stated that when he went back the following day, he brought a friend and that the manager was extremely rude to both of them.  He stated that he was being sent a letter and removed from the roster.  The manager stated that they saw him sitting down and that he should have been getting ready to open ten minutes before starting and instead he was sitting down.  He stated he was very nervous and his took his friend’s advice about being careful and not being disrespectful, but that he was dismissed on the spot, on 26 September without any reason.  He indicated that it took him a few weeks to get a new job, that he was now employed as a Concierge and was only working part time.  He stated that he did not get back to working as a chef until March 2024.  He stated that it was made particularly difficult to get further work as a chef as he couldn’t explain his leaving his earlier employment after a number of years.  He indicated that the whole sequence of events had had a very negative impact on him, that he had worked very hard in the job and that he had not felt valued.  He stated that he had worked for the same people for all those years and that there had never been any issue raised with him. 

There was no appearance by or on behalf of the Respondent at the hearing and the Respondent did not provide any written response to the complaint.

Preliminary Issue:

I noted the contract of employment signed on 3 October 2023 between the Complainant and Soleshine limited.  I noted further the evidence of the Complainant that he had originally worked for Hi Veg and that his employment between Hi Veg and Soleshine Limited had been continuous in nature and had also been at the same address, with the same management, throughout his employment.  Based on the information provided and, on the details of the various companies, provided by the Complainant representative from the Company’s Registration Office (CRO), I am satisfied that the correct employer of the Complainant , at the time of his dismissal, was Soleshine Limited. 

Substantive Issue:

I noted the Complainant contention that he was summarily dismissed by the Respondent from his position as Deli Chef and I noted the details outlined in his submission together with his oral evidence at hearing.  I am satisfied based on documentation provided by the Complainant that he was employed by the Respondent and that his employment was terminated on 26 September 2023.

I was satisfied that notice containing the details of the date, time and place of the hearing had been properly communicated to the Respondent.

As no further communication was received at the time of finalising this decision to explain the absence of the Respondent, and in the context that I am satisfied that the said Respondent was informed in writing of the arrangements for the hearing, in the absence of any evidence to the contrary being adduced before me, I must conclude that complaint is well founded.

Redress:

I noted the submission made by the Complainant that at the time of termination of employment, he had annual leave of one week outstanding, equating to the sum of €546.  I noted that wages outstanding in relation to 4 September 2023 to 10 September 2023 also amounted to €546.  I noted further that the Complainant was seeking payment for the notice period outstanding and unpaid from 26 September 2023 to 17 October 2023, equating to a sum of €1638, however I noted that I have dealt with this matter separately under ADJ 00051040 (CA-00062511-004 and 006).

I noted the position outlined by the Complainant that it took him almost six months to secure a similar new position in or about March 2024, and I noted that from 13 October 2023 until 18 December 2023, the Complainant worked as a Concierge earning €2984.40 over that ten-week period, although he would have earned €5470 with the Respondent, a loss of €2485.60.

I noted further that the Complainant submitted that he subsequently worked for approximately 1½ months in a car wash facility earning less and that he secured a position in his own skill area in March 2024 and that he earned approximately €500 per week.  I noted the Complainant submission that he suffered significant losses over a period of approximately six months following his unfair dismissal by the Respondent and that he sought compensation for those losses to be ascertained by the Adjudication Officer.  I further noted that the Complainant referred to pension losses, loss of position in his sector of work and any other losses to be determined on the basis of what was considered to be just and reasonable. 

I noted that the Complainant was at the loss of the sum of €1092 associated with unpaid annual leave and outstanding wages.  I noted further that the Complainant was out of work for a period of time before he found work and that this work was at a significantly lower rate of pay and I equate that loss to be €4261.  I noted that although the Complainant gained employment in his own area of expertise in March 2024, he remained at an ongoing loss in relation to his earnings and I equate that prospective loss of earnings to be the amount of €4784. Finally, I equate the loss of pension and other entitlements arising from his dismissal to eb the amount of €3500.    In all the circumstances I find that the total loss associated with the dismissal was €13,637 

I have found that the within complaint is well founded and that the Complainant losses associated with his dismissal equated to the sum of €13,637.  Accordingly, it is my decision that this complaint is well founded and I direct the Respondent to pay the Complainant the sum of €13,637 as compensation for the losses arising from his dismissal. 

Unfair dismissal