This case concerns a claim of unfair dismissal. The complainant was an employee of KN Networks from the 23rd of August 2017 to the 24th of July 2018. He received two weeks’ notice of the termination of his employment and subsequently referred a complaint under section 13 of the Act. The respondent objected to an Adjudication Officer conducting an investigation into the dispute, resulting in the dispute being referred to the Court under section 201(1) of the Act.

The complainant informed the Court that he had previously worked for the company for eighteen months before he had decided to end his contract of employment. He was then re-employed approximately six months later. He alleged that he did not receive a written statement of the terms and conditions of his employment on either occasion. He submitted that he had never received any disciplinary actions, written or oral warning or any indication of a pending dismissal prior to having his employment being terminated on the 10th day of July 2018.

In addition, the complainant argued that the fact that he was awarded a pay increase after approximately 6 months of employment was an indication that his probation period had been passed. He also submitted that a Director of the company made a phone call to him offering to recommence his employment once the company had received notification of his referral to the WRC.

The complainant declined the offer of re-employment, opting instead to await the outcome of the investigation. He maintains that his employment was wrongfully and unlawfully terminated and sought compensation for this, along with the company’s failure to provide him with a written statement of the company’s terms and conditions.

The Court dismissed the claim of unfair dismissal as he did not have sufficient continuous service to entitle him to bring a claim under the Unfair Dismissals Act, 1977. The Court held there were no grounds for awarding the complainant compensation as he had less than fifty-two weeks’ continuous service, and he had received two weeks’ notice of the company’s intention to terminate his employment. However, the Court agreed that the company had failed to comply with their legal obligation to furnish him with a written statement of the company’s terms and conditions at the outset of his employment. Accordingly, the Court ordered compensation of €200.00 in this regard.
https://www.workplacerelations.ie/en/cases/2018/November/LCR21827.html