Background:

In March 2020, at the outbreak of the Covid-19 pandemic, the Complainant contacted her former employer to ascertain her position and what the plans were for the Health Store. It was agreed that the Complainant and Colleague A would be “laid off” and another colleague would do the work herself. This arrangement suited the Complainant who then decided to apply for the pandemic unemployment payment.

On 11th April 2020, the Complainant discovered a new employee started working in the shop. The Complainant had a heated phone call with the Respondent whereby the Respondent indicted the Complainant had effectively left her employment. Thereafter, the Complainant unsuccessfully sought clarification of her employment status. By this stage, the Respondent’s shop was back to full hours and Colleague A had been called back to work. Failing to get any adequate response to her emails, the Complainant sought legal advice.

The Complainant submitted she never resigned either verbally or in writing. The Complainant indicated she wanted to get back to work in the shop. The Complainant stated no employment procedures were followed and the dismissal was grievously unfair.

The Respondent was of the view the Complainant had allowed her personal circumstances to influence her decision to go on the PUP scheme. The Respondent stated the Complainant had effectively abandoned the Respondent at the worst possible time. The Respondent felt the staff had decided this course of action among themselves without any regard to the Respondent’s position.  The Respondent had always wanted to keep the shop on full hours, but this was impossible with the Complainant and Colleague A effectively absenting themselves.

The Respondent submitted there was no possibility of the Complainant coming back to the Respondent as the relationship of trust was completely broken.

The Adjudication Officer said the key question was whether or not natural justice was followed in all procedural matters and the ultimate decision to dismiss was in the “band of reasonableness”.

The Adjudication Officer noted the Complainant was not informed of any proposed dismissal or given an opportunity to make a case in her own defence. Accordingly, on these procedural grounds, the Adjudication Officer held that the Complainant was unfairly dismissed and awarded her the sum of €6,292. This award was reduced from €12,584 owing to the Complainant’s contribution to the dismissal.

Outcome:

The Complainant was awarded the sum of €6,292 compensation as a result of being unfairly dismissed.

Practical Guidance for Employers:

In this case, the Respondent acted equally peremptorily and without regard to the natural justice rights of the Complainant and the proper procedures. The Complainant was not informed of any proposed dismissal or given an opportunity to make a case in her own defence. In the course of proceedings for the dismissal for an employee, an employer must implement any recognised employment procedures, investigation meetings, disciplinary / appeal hearings etc to allow an employee access to justice and to prevent unfair dismissals taking place.

The full case is here:
https://www.workplacerelations.ie/en/cases/2023/april/adj-00030430.html