WRC found that dismissal of employee lacked fairness and part-time rights were overlooked.

The Complainant believed she commenced employment around two weeks before the 2022 school year began and stated her employment ended mid-September 2023. She worked part-time hours, earning €15 per hour. She claimed that mid-September 2023 she was told she was being overpaid for hours not worked, despite an agreement that allowed flexibility once tasks were completed. On the same date, she was informed her services were no longer required. The Complainant stated she had not secured other employment since and had not actively sought work. She also claimed she was treated less favourably than full-time colleagues, as she was not granted annual leave or paid public holidays, aside from one in June or August.

The Respondent stated that a contract was provided to the Complainant within five days of starting but was never signed. They denied the Complainant was dismissed and claimed the Complainant contacted them in September 2023 saying she would not return until an unspecified issue was resolved. When the Complainant did not return, it was assumed she had left, and she was removed from the roster one to two weeks later. They attempted contact by phone and Facebook; and denied any discrimination regarding public holidays, stating they were automatically paid when the Centre was closed.

The Adjudicating Officer found that the Complainant was provided with a contract of employment, and therefore her claim was not well founded. However, the Adjudicator concluded that the Complainant was unfairly dismissed mid-September 2023, as the Respondent failed to follow any disciplinary or fair procedures. While the Complainant had absented herself during a pay dispute, the Respondent made no genuine efforts to resolve the matter before removing her from the roster. The dismissal was found to be procedurally and substantively unfair under the Unfair Dismissals Act 1977. The award was limited to four weeks' pay (€840) due to the Complainant’s failure to mitigate her loss. On the third complaint, the Adjudicator accepted that the Complainant had not received any paid annual leave despite being entitled to it as a part-time worker. Payslips did not reflect any holiday pay, and the Respondent admitted no request for holidays had been made. The complaint was upheld and €840 awarded.

Employers should:

• Always Follow Fair Procedures: Even in cases of apparent resignation or absence, employers must follow disciplinary procedures and ensure fair engagement before assuming dismissal. Document all steps.  
  
• Ensure Employment Rights for Part-Time Workers: Part-time employees must receive pro-rata entitlements to annual leave and public holidays. Do not rely solely on requests but leave entitlements accrue automatically.  
  
• Communicate Clearly and Record Efforts: If wage or contract disputes arise, maintain clear records of communication attempts and seek to resolve issues directly with the employee. Use formal channels where possible.
  
• Mitigation Doesn’t Excuse Procedural Failures: An employee’s failure to seek alternative work may reduce compensation but does not protect employers from liability for unfair dismissal where due process is not followed.

The full case can be found here.