Worker

Employer

Anonymised Parties

A Worker in a Local Butcher

A Local Butcher

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 - 00003470

25/11/2024

The background to the dispute is that the Worker claims that they have been dismissed unfairly in circumstances that were beyond their control.

The Employer in this dispute claims that the dismissal comes during the probationary period and after a good deal of absences and lateness where he had attempted to provide the Worker with opportunities to improve and they had failed to do so.

The Worker was dismissed from work on the 24/11/2024 unfairly and improperly

Living in a remote location and in the event of a snowstorm the worker found themselves snowbound, unable to attend work. He attempted to call the Ex to inform him of his anticipated absence and received no answer and then sent a text and video showing the meteorological situation he faced. This produced no response, and he settled in to attempt attendance at work the next day.

The next day produced little in the way of weather improvement nor of any change to travel. The Worker texted the Employer and his supervisor with a video of the snowbound nature of his home. He received no response and presumed that there was no issue.

The Worker had already booked leave Saturday the 23/11/2024 four weeks prior to that date and this was written on the office calendar. This was to deal with a personal issue related to a legal matter. This leave was agreed verbally and well known to all the other staff.

On the following Sunday the Worker texted his work colleagues to enquire as to his own workdays the following weeks who informed him, he should speak to the supervisor. He texted SO’L who told him he must speak with the Respondent. He did so in the following terms.

“asked am I working anymore and if I’m not I understand why as I couldn’t get to work in my own the images are attached, I disclosed private Info and said I rely on other people to get me to work and that I can’t commute in my own which he has been and always was aware of”

The Employer responded that he was no longer needed.

This was 4 weeks before Christmas and 1 week before the Worker was due to pay a fine which left them in a difficult financial position. The Complainant sets out that the way he dealt with was unprofessional, wrong and totally unfair, that he was never a bad employee, and the only issue arising was due to the seriously inclement weather.

The Employer set out that the Worker commenced employment with the Butchers on 7th May 2024.

His employment was marked on several occasions with absence and lateness and this was persistent. The Employer had spoken to the Worker several times on these issues and gave the worker a “last chance” on Thursday 1st August 2024. Unfortunately, and against his better judgement, he gave the Worker several more chances, and the patterned continued

On the Thursday 21st November & Friday 22nd November occasions of absenteeism which the Worker put down to the inclement weather, the Employer was advised that this was not the case, as the Worker was seen driving around in the snow on those days.

The Employer shares a similar living location to the Worker in a mountainous area in the locality of the Worker and no problem travelling to and from work on those days.

The employer sets out that they did not agree to the Worker taking annual leave on Saturday 23rd November and it was not marked into the calendar at work. Additionally, the Employer set out that the Worker had already indicated that he may have to resign due to issues with his driving record, where he has been banned from driving and other matters concerning road use.

The Employer set out that documents already show that the Worker has admitted to his poor record and lack of complete candour with him and that the matter is purely for making his own financial gain.

The Employer is satisfied that he has been fair with the Worker and that he has paid all holiday entitlements. He also sets out that the probation period as per the contract offered to him is 9 months and the Employer provided details of this to the Commission.

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

The Worker has referred the matter to the Commission under the Industrial Relations Acts. Under these Acts an Adjudicator has only the power to make recommendations, rather than a legally binding decision.

The Employer has made good efforts to accommodate the Worker who has appeared to be lacking in consistency, by his own admissions and has demonstrated that they are not reliable for the Employers lawful requirements. It would also appear that the Employer has some standard of HR processes in place, but these do not appear to be entirely satisfactory for a modern business, and they would be well advised to put in place policies and procedures and robust mechanisms for the management of staff. Not having had problems previously is no prevention from having present or future problems that will need to be dealt with fairly.

The Worker has set out in the hearing that they were not paid their notice, but the Employer has provided documentation to the Commission to show otherwise. In any event, there is no power for an Adjudicator to order payments of wages under the Industrial Relations Acts. Similarly, there is a dispute as to the receipt or otherwise of a contract of employment. It is not open to me to carry out a full investigation of this and likewise there is no power open to an Adjudicator under the relevant act to do so.

That said, with all the documents presented to me and circumstances of the case I can justify a small amount of money to be paid to the worker in terms of settling this and all other possible employment disputes arising up to the date of such a payment, my recommendation that this payment be €200 in full and final settlement.

It is for the Employer to make this offer in a binding manner if they, the Employer, are satisfied with the recommendation to resolve all issues.

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