The Claimant commenced employment with the Respondent in March 2018. He finished his employment with the Respondent in August 2018.
On the 7th of June 2018, he enquired about his entitlement to take paternity leave. His Manager informed him that he was entitled to 3 days fully paid respondent leave, along with 2 weeks' statutory paternity leave. At a meeting with the Claimant’s manager in early July, he informed the Manager that his wife was due to give birth on the 9th of August and again he raised the issue of taking paternity leave. The Claimant submitted that the Manger did not appear to be impressed by the request but stated that he would investigate the matter.
On the 17th of July, the Claimant was informed by the Manager that there was no company pay for the time out. The Manager also sent an email to the Finance Department asking it to stop the Claimant’s pay around the paternity dates. The Claimant submitted that he was not in a position to take two weeks' unpaid leave and requested two weeks' holidays instead. The Respondent refused this request. The Claimant believed that because he requested paternity leave he was penalised and his employment was terminated.
The Respondent denied that the Claimant was penalised and submitted that a number of meetings had taken place with the Claimant in relation to his work performance as he was on his probationary period before they terminated his employment.
Based on the evidence, the Adjudication Officer found that, even though the Claimant was on probation, he was still entitled to fair procedures and natural justice. He was given no warning that his job was in jeopardy. The Adjudication Officer found that the Claimant’s request for paternity leave was central to the Respondent’s decision to terminate his employment. Accordingly, he the AO recommended the Claimant was awarded one month's pay month's i.e. (€6,333) as compensation and also found that the Respondent had unlawfully deducted the sum of €1639.21.
https://www.workplacerelations.ie/en/cases/2019/july/adj-00018852.html
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