
The Complainant worked for the Respondent from the 17th June 2016 until the 4th July 2019. On the 4th of July he was summoned to a meeting with the Respondent without any prior notification of the purpose of the meeting. The Complainant was informed that he had a new supervisor and that due to his relationship with that new supervisor he was being ‘fired’. The following week he received his holiday pay. The Complainant then wrote to the Respondent in July 2019 requesting the reason for the dismissal but he received no response. The Complainant received no written notice and was dismissed with immediate effect. The Complainant also maintained that he had not been furnished with a copy of his terms of employment as required under the Terms of Employment (Information) Act.
The Respondent claimed that when the Complainant was advised of the appointment of the new Supervisor he responded ‘NO NO NO’ and refused to work. He immediately left the meeting, went to the canteen to collect his personal belongings and left the premises. He did not give any reason for leaving and did not return. The Respondent acknowledged that the Complainant was not given a copy of his terms of employment.
The Adjudication Officer stated that the Respondent was obliged to respond to the Complainant’s letter. As a result of the lack of response the Complainant was entitled to consider that he had been dismissed without due process. Accordingly, the complaint of unfair dismissal was therefore well founded. As the Complainant’s own behaviour was a significant factor to the dismissal the Adjudication Officer awarded the sum of €3,000 to the Complainant. The Respondent was also ordered to pay the Complainant €940 for breach of the Minimum Notice & Terms of Employment Act, 1973.
https://www.workplacerelations.ie/en/cases/2020/may/adj-00023938.html
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