The Complainant was employed by the Respondent to deliver meat products to the Respondent’s customers. On the 22nd of December, the Complainant was required to make more deliveries than what had been scheduled for him. He then asked the owner of the company if he would be paid overtime. The Respondent informed him that it was Christmas time and it was busy period. The Respondent then told him to either pick up the pallets or give him the keys of the lorry. He said that the owner then demanded the keys of the lorry and told him to leave the depot.

The Complainant said he went to the factory on Monday the 24th of December to find out from the Manager if he still had a job. He spoke to the Manager who did not answer him and walked away. The Complainant believed that he had been dismissed and was very upset about losing his job at Christmas.

The Respondent submitted that the Complainant had went into the office and demanded a letter to say he was dismissed.  As the Complainant was not dismissed no letter was provided to him. He then left the premises. The Respondent submitted that the Complainant terminated his own employment without notice and walked away from his job.

The Adjudicating Officer held that dismissal had occurred. There were no procedures adopted by the Respondent in terminating the Complainant’s employment.

The Respondent said that he did not think of warning the Complainant and he accepted that he did not follow the disciplinary procedures as set out in the handbook.

There is an obligation on employers to follow fair procedures and natural justice as provided for in the Industrial Relations Act. For these reasons, the Respondent was ordered to pay the Complainant compensation in the amount of €3,000. A sum of €1,000 was also awarded to the Complainant as he did not receive his statutory break entitlements whilst working for the Respondent.
https://www.workplacerelations.ie/en/cases/2019/october/adj-00019217%20.html