Background:
The Complainant had worked with the Respondent company since 2018. He was ultimately dismissed for insubordination and claimed the dismissal was unfair. The Complainant additionally raised issues around working on Sundays, working longer hours than allowed by Statute, the allocation of meals and the non-payment of Statutory sick pay. There was also a complaint raised under the Employment Equality legislation. Following the hearing the Complainant sought to address matters by way of email. This communication was unsolicited and unexpected. These emails were sent to the Respondent for comment.

The Respondent, represented by its director and owner, operated in the retail and catering industry, specialising in Asian food. The Respondent provided written submissions and supporting documents ahead of the hearing, with no objections raised regarding their admissibility. The Complainant also relied on these documents to support his case. The Respondent denied any claims of unfair dismissal or statutory employment rights violations, including allegations of discrimination, and insisted the Complainant provide full proof of such claims. Where necessary, the Adjudicator made independent inquiries to clarify the facts and fulfil statutory obligations.

Finding:
The Adjudicating Officer found the complainant was dismissed following allegations of insubordination, unprofessional conduct, and failure to adhere to workplace procedures. Initially a diligent employee, the complainant’s relationship with management deteriorated. Tensions escalated over unauthorised work hours, unprofessional communication, and disregard for disciplinary processes. It was held the complainant worked hours exceeding statutory limits and claimed unpaid Sunday compensation. The Adjudicator found no evidence of Sunday premium inclusion in wages and upheld this complaint. However, claims regarding meal provision and delayed notification of statutory sick pay were dismissed, as the evidence favoured the Respondent. Regarding allegations of discrimination under the Employment Equality Act, the Adjudicator found no prima facie case. The issue instead revolved around unpaid unauthorised hours, which was addressed in a separate Payment of Wages claim.

The Respondent demonstrated fair procedures, engaging an independent HR firm for the disciplinary process. Despite numerous warnings, the complainant exhibited unprofessional behaviour, including mocking communications, ultimately justifying dismissal. The Adjudicator deemed the dismissal fair, proportionate, and reasonable, and upheld the Respondent's actions. Therefore, the complaints under the Organisation of Working Time Act and Terms of Employment (Information) Act partially succeeded. However, the unfair dismissal and Employment Equality Act claims were not upheld. An award of €300.00 was made.

Practical Guidance for Employers:
The case highlights the importance of clear communication, adherence to statutory obligations, and the implementation of fair disciplinary processes in the workplace. Employers must ensure that policies on working hours, roster compliance, and statutory entitlements, such as Sunday premiums and sick pay, are clearly outlined and consistently applied. Maintaining professional communication between management and employees is essential to prevent workplace tensions and disputes. The case underscores the need for fair and transparent disciplinary procedures, including proper documentation and, where necessary, engaging independent HR professionals to oversee the process. By fostering a respectful work environment and complying with statutory requirements, employers can mitigate the risks of claims for unfair dismissal or breaches of employment rights.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/november/adj-00050926.html