The Complainant commenced employment with the Respondent on the 29th of April 2019 and was dismissed on the 29th of November 2019. The Complainant submitted that he was approached by the Respondent who offered him a management position in his restaurant as the Respondent wanted the Complainant to improve his business. The Complainant decided to take up his offer and face a new challenge. Throughout the Complainant’s time working in the restaurant, he successfully increased profits and the restaurant was able to triple its sittings on the weekends.

On the 29th of November 2019, the Complainant was called to a meeting by the Respondent and the Head Chef. The Respondent informed him that he had been given an ultimatum by some of the kitchen staff, that either the Respondent would let the Complainant go or the kitchen staff would leave. The Respondent was very apologetic and explained he could not run a restaurant with no chefs, and therefore he would have to let him (the Complainant) go with immediate effect. The Complainant requested that he receive a letter for the Social Welfare to state that he had not left his employment, however the letter that he received stated that the reason for his dismissal was gross misconduct.  The Complainant appealed the decision to dismiss him, but the Respondent did not reply to the request.

The Respondent submitted that he had not provided the Complainant with a contract of employment and that had been advised by the HR company to provide a letter of gross misconduct to the Complainant. The Respondent confirmed that he had issued no warnings to the Complainant.

The Adjudication Officer found that the Complainant was not afforded the right to appeal the decision to dismiss him. The Adjudication Officer referred to the Labour Court case of Beechside Company Ltd T/A Park Hotel Kenmare -and -A Worker:

“Where an employee is considered unsuitable for a permanent employment, the Court accepts that an employer has the right, during a probationary period, to decide not to retain that employee in employment. However, the Court takes the view that this can only be carried out where the employer adheres strictly to fair procedures”.

As the Complainant had been denied fair procedures and natural justice in this instance, the Adjudication Officer found that the Complainant was unfairly dismissed and recoomended an award of €3,500 in compensation.
https://www.workplacerelations.ie/en/cases/2021/january/adj-00026838.html