Worker

Employer

Anonymised Parties

A driver

A transport company

Representatives

 In person

 Company management

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 - 00003205

27/09/2024

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

IR - SC - 00003206

 27/09/2024

The worker commenced employment with the employer on 10th June 2024 and worked until 24th July 2024. He again commenced employment on 19th August 2024 until 26th August 2024.

This complaint was received by the Workplace Relations Commission on 27th September 2024.

IR - SC - 00003205 In the workers own words:

I have been discriminated and unfair dismissed.

Constantly yelling at me, changing vans and routes.

I was treated differently from other drivers.

I went to my GP, and she said I looked very stressed, and I have high blood pressure, upset stomach and headaches. She gave me tablets for sleeping and 2 weeks off.

I provided medical cert to my Employer and after 2 weeks I tried to call him many times and emailed him but he didn't answer at all.

I had to resigned for this reason.

IR - SC - 00003206 I had to resign from job as I was sick and I got 2 weeks off from my GP.

I provided medical cert to my Employer.

After 2 weeks I called him many times and emailed him, but he didn't answer at all. He also did not pay me 5 days sick pay which is statutory law from 1.01.2024.

The worker commenced employment with the employer on 10th June 2024 and worked until 24th July 2024. He again recommenced employment no 19th August 2024 until 26th August 2024. He was paid 3 days of holiday pay. He was paid a daily rate of €120 and allowed to use our van to travel to and from work. He was paid above the minimum wage.

He was employed as a courier to no specific route as depending on volumes routes may vary. As it happens this driver was mainly working on the same route. All drivers are expected to attempt delivery of all parcels each day.

At no stage was the worker shouted at. During the week of the 19th to 23rd of August he refused to deliver parcels on his assigned route and on Monday 26th August he was advised by the Manager on Duty that all parcels on his assigned route must be attempted, he was not happy with this.

The worker was not dismissed but made no contact with the employer with regard to returning to work and as a result we had to fill the position.

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

IR - SC - 00003205 In the workers own words:

I have been discriminated and unfair dismissed.

Constantly yelling at me, changing vans and routes.

I was treated differently from other drivers.

I went to my GP, and she said I looked very stressed, and I have high blood pressure, upset stomach and headaches. She gave me tablets for sleeping and 2 weeks off.

I provided medical cert to my Employer and after 2 weeks I tried to call him many times and emailed him but he didn't answer at all.

I had to resigned for this reason.

IR - SC - 00003206 I had to resign from job as I was sick, and I got 2 weeks off from my GP.

I provided medical cert to my Employer.

After 2 weeks I called him many times and emailed him but he didn't answer at all. He also did not pay me 5 days sick pay which is statutory law from 1.01.2024.

It would appear that the worker is claiming that he was dismissed from employment and also constructively dismissed from employment.

In ignoring all the workers attempts to make contact with the employer I believe the worker has been dismissed from employment. The employer cannot simply say the employee failed to make contact. The employer should have made contact with the worker.

In relation to IR - SC - 00003205 I recommend in favour of the worker and now officially recommend that the employer pays compensation in the sum of four weeks’ pay i.e. €2,400.00 and this sum is paid to him within 42 days from the date of this recommendation.

In relation to IR - SC - 00003206 I cannot make a recommendation in favour of the worker.