Workplace Relations Commission (WRC) - RECENT Decisions & judgements
Decision Upheld
Employee Dismissed due to Pregnancy Awarded €4,000
Case Number – ADJ-00002143
The Complainant commenced employment as a Child Care worker in September 2015. She was never issued with a written contract of employment despite numerous requests. A number of weeks after commencing employment, the Complainant advised her employer she was pregnant. At the adjudication hearing a number of text messages sent and received at this time notifying the employer of her pregnancy were produced in evidence. The Complainant advised that the attitude of her employer towards her subsequently changed and that shortly thereafter she was dismissed as a result of her pregnancy, being advised that her Employer ‘didn’t need her’ and that two new persons were joining the following week.
At the hearing, the Respondent accepted that they failed to provide the Complainant with a written statement of terms and conditions of employment. However, the Respondent disputed that at no stage was the Claimant dismissed from employment and referred to previous performance related concerns which arose during her employment to which the Complainant had replied that “her head was fried” and that she “was off.” The Complainant submitted that this was the second time that the Complainant had threatened to walk off the job, but that on each occasion, she was persuaded not to.
In February 2016 the Complainant enquired to her Manager about payment of her wages (previous issues had arisen in which wages had not been paid on time). At this time, the Manager asked the Complainant how often the children in the sleep room were being checked. The Complainant said that she couldn’t leave as she had 15 toddlers to mind on her own in the toddler room and couldn’t do the two jobs. The Complainant stated that the Manager then said “not for much longer.”
The Respondent advised that the Complainant stated “I f…ing wont hold my breath” upon being advised that she would be paid on time. The Complainant allegedly then became irate and the Manager felt that she needed to take over the job of changing the child’s nappy as the Complainant was losing her temper. The Respondent asked the Complainant to step away from the child. The Complainant said “I’m sick of this place”. She got her belongings and left.
The Respondent pointed to the Complainant’s claim form which stated two versions of events namely: “I had to leave my job due to the conduct of my employer” and later “I was dismissed on 5.2.16 without any notice” This inconsistency, the Respondent held, supported the credibility of the Respondent over the Complainant, that no dismissal occurred. Having resigned voluntarily, the Respondent did not wish to re-engage the Complainant.
In determination of its decision, the Adjudication Officer, under the Terms of Conditions of Employment Act 1994 (the claim of which was conceded) awarded 4 weeks at €225.53 per week totalling €902.12.
In relation to the Unfair Dismissal claim, the Adjudication Officer referred to the conflict of evidence in the case. On balance taking into account the text messages that supported the Complainant’s version of events, the Adjudication Officer preferred the evidence of the Complainant and accepted her evidence that a dismissal occurred mainly as a result of the Complainant’s pregnancy. The Complainant was awarded the sum of €4,000.00 in compensation.
In this instance, based on the evidence presented, the Adjudication Officer found the Complainant has not resigned as suggested by the Respondent and the decision to dismiss ultimately not to be genuine. Employers should always be mindful, that in certain circumstances, as in this case, an Employee is not required to have 12 months service for their dismissal to be deemed unfair. An Employee dismissed as a consequence of exercising their rights under the Maternity Protection Acts or dismissal related to any of the nine grounds in the Employment Equality Acts gender (including pregnancy) is protected.
Decision Upheld
Employee Summarily Dismissed due to Pregnancy Related Illness
Case Number – ADJ-00001270
The Complainant commenced employment as a Community Enterprise crèche worker in June 2014. The Complainant’s employment with the Respondent came to an end in December 2015. How it ended was disputed. The Complainant asserted that she was summarily dismissed in comments made to her by the crèche manager in the context where it was alleged the Respondent said that it could no longer pay her under the terms of the CE sick pay scheme (due to a pregnancy related illness). The Respondent denied the claim and asserted that the Complainant left her employment because she felt that she could no longer work because of illness.
During the key conversation with her Manager in December 2015, the Complainant submitted that the Manager said to her that if the Complainant was going to be sick she was of “no use” to her. The Complainant stated that she left crying and felt as if she had been dismissed and this was because of the way the Manager spoke to her.
In reply, the Respondent submitted that the Complainant submitted a sick certificate to the Respondent and advised that she ‘could no longer work due to illness’. Her Manager explained to the Complainant that she would not be paid through the CE scheme as she had exhausted her sick pay, to consider availing of social welfare but having interpreted this comment to mean the Complainant was resigning her post, asked that she should think this decision to leave through. The Respondent submitted that the Complainant also stated that ‘this was not going to work out for her’. The Complainant never followed up with a letter of resignation as requested from her but did subsequently request her P45 at a later stage.
Having considered all of the evidence, including the conflicting recollection of the key conversation in December 2015 between the parties, the Adjudicator found in favour of the Complainant, finding the conversation took place as outlined by her and that she was challenged assertively for taking further sick leave, resulting in an unfair dismissal.
Taking into account the fact that the Complainant was not paid for annual leave accrued and not paid as part of her final payroll, had exhausted her sick pay entitlement, and reference to one week loss of payment, the Complainant was awarded €2,010 in compensation.
This case represents an important reminder for Employers not to action / initiate what is deemed to be an employee resignation without receipt of a signed written letter of resignation. Furthermore, given the circumstances, the Employer could have liaised further with the Employee following the key conversation in December 2015 in order to ascertain other possible avenues, e.g. possible health and safety leave due to the Complainant, in order for her to remain in employment with the Organisation.
Employee Dismissed due to Pregnancy Awarded €4,000
Case Number – ADJ-00002143
The Complainant commenced employment as a Child Care worker in September 2015. She was never issued with a written contract of employment despite numerous requests. A number of weeks after commencing employment, the Complainant advised her employer she was pregnant. At the adjudication hearing a number of text messages sent and received at this time notifying the employer of her pregnancy were produced in evidence. The Complainant advised that the attitude of her employer towards her subsequently changed and that shortly thereafter she was dismissed as a result of her pregnancy, being advised that her Employer ‘didn’t need her’ and that two new persons were joining the following week.
At the hearing, the Respondent accepted that they failed to provide the Complainant with a written statement of terms and conditions of employment. However, the Respondent disputed that at no stage was the Claimant dismissed from employment and referred to previous performance related concerns which arose during her employment to which the Complainant had replied that “her head was fried” and that she “was off.” The Complainant submitted that this was the second time that the Complainant had threatened to walk off the job, but that on each occasion, she was persuaded not to.
In February 2016 the Complainant enquired to her Manager about payment of her wages (previous issues had arisen in which wages had not been paid on time). At this time, the Manager asked the Complainant how often the children in the sleep room were being checked. The Complainant said that she couldn’t leave as she had 15 toddlers to mind on her own in the toddler room and couldn’t do the two jobs. The Complainant stated that the Manager then said “not for much longer.”
The Respondent advised that the Complainant stated “I f…ing wont hold my breath” upon being advised that she would be paid on time. The Complainant allegedly then became irate and the Manager felt that she needed to take over the job of changing the child’s nappy as the Complainant was losing her temper. The Respondent asked the Complainant to step away from the child. The Complainant said “I’m sick of this place”. She got her belongings and left.
The Respondent pointed to the Complainant’s claim form which stated two versions of events namely: “I had to leave my job due to the conduct of my employer” and later “I was dismissed on 5.2.16 without any notice” This inconsistency, the Respondent held, supported the credibility of the Respondent over the Complainant, that no dismissal occurred. Having resigned voluntarily, the Respondent did not wish to re-engage the Complainant.
In determination of its decision, the Adjudication Officer, under the Terms of Conditions of Employment Act 1994 (the claim of which was conceded) awarded 4 weeks at €225.53 per week totalling €902.12.
In relation to the Unfair Dismissal claim, the Adjudication Officer referred to the conflict of evidence in the case. On balance taking into account the text messages that supported the Complainant’s version of events, the Adjudication Officer preferred the evidence of the Complainant and accepted her evidence that a dismissal occurred mainly as a result of the Complainant’s pregnancy. The Complainant was awarded the sum of €4,000.00 in compensation.
In this instance, based on the evidence presented, the Adjudication Officer found the Complainant has not resigned as suggested by the Respondent and the decision to dismiss ultimately not to be genuine. Employers should always be mindful, that in certain circumstances, as in this case, an Employee is not required to have 12 months service for their dismissal to be deemed unfair. An Employee dismissed as a consequence of exercising their rights under the Maternity Protection Acts or dismissal related to any of the nine grounds in the Employment Equality Acts gender (including pregnancy) is protected.
Decision Upheld
Employee Summarily Dismissed due to Pregnancy Related Illness
Case Number – ADJ-00001270
The Complainant commenced employment as a Community Enterprise crèche worker in June 2014. The Complainant’s employment with the Respondent came to an end in December 2015. How it ended was disputed. The Complainant asserted that she was summarily dismissed in comments made to her by the crèche manager in the context where it was alleged the Respondent said that it could no longer pay her under the terms of the CE sick pay scheme (due to a pregnancy related illness). The Respondent denied the claim and asserted that the Complainant left her employment because she felt that she could no longer work because of illness.
During the key conversation with her Manager in December 2015, the Complainant submitted that the Manager said to her that if the Complainant was going to be sick she was of “no use” to her. The Complainant stated that she left crying and felt as if she had been dismissed and this was because of the way the Manager spoke to her.
In reply, the Respondent submitted that the Complainant submitted a sick certificate to the Respondent and advised that she ‘could no longer work due to illness’. Her Manager explained to the Complainant that she would not be paid through the CE scheme as she had exhausted her sick pay, to consider availing of social welfare but having interpreted this comment to mean the Complainant was resigning her post, asked that she should think this decision to leave through. The Respondent submitted that the Complainant also stated that ‘this was not going to work out for her’. The Complainant never followed up with a letter of resignation as requested from her but did subsequently request her P45 at a later stage.
Having considered all of the evidence, including the conflicting recollection of the key conversation in December 2015 between the parties, the Adjudicator found in favour of the Complainant, finding the conversation took place as outlined by her and that she was challenged assertively for taking further sick leave, resulting in an unfair dismissal.
Taking into account the fact that the Complainant was not paid for annual leave accrued and not paid as part of her final payroll, had exhausted her sick pay entitlement, and reference to one week loss of payment, the Complainant was awarded €2,010 in compensation.
This case represents an important reminder for Employers not to action / initiate what is deemed to be an employee resignation without receipt of a signed written letter of resignation. Furthermore, given the circumstances, the Employer could have liaised further with the Employee following the key conversation in December 2015 in order to ascertain other possible avenues, e.g. possible health and safety leave due to the Complainant, in order for her to remain in employment with the Organisation.
Note on WRC:
The establishment of the Workplace Relations Commission on the 1st October 2015 is the most radical restructuring of employment legislation over the last 30 years. Organisations are encouraged to understand all facets of the WRC, how it now operates and what to expect when required to defend a claim at the third parties.
The establishment of the Workplace Relations Commission has resulted in the combined functions of the Labour Relations Commission, Rights Commissioner Service, the Equality Tribunal, the Employment Appeals Tribunal and the National Employment Rights Authority (NERA).
In addition to this the Labour Court has been reconfigured in order to hear appeals.
The strategic aims of the new Workplace Relations Commission include an independent, effective and impartial workplace relations service, a more workable means of redress within a reasonable timeframe and an overall reduction in costs. The new Workplace Relations Commission is also anticipated to be more centralised, in terms of maintaining a database of case information, the end result bring a better service for both Employers and Employees and a much more streamlined, simplified process.
The establishment of the Workplace Relations Commission on the 1st October 2015 is the most radical restructuring of employment legislation over the last 30 years. Organisations are encouraged to understand all facets of the WRC, how it now operates and what to expect when required to defend a claim at the third parties.
The establishment of the Workplace Relations Commission has resulted in the combined functions of the Labour Relations Commission, Rights Commissioner Service, the Equality Tribunal, the Employment Appeals Tribunal and the National Employment Rights Authority (NERA).
In addition to this the Labour Court has been reconfigured in order to hear appeals.
The strategic aims of the new Workplace Relations Commission include an independent, effective and impartial workplace relations service, a more workable means of redress within a reasonable timeframe and an overall reduction in costs. The new Workplace Relations Commission is also anticipated to be more centralised, in terms of maintaining a database of case information, the end result bring a better service for both Employers and Employees and a much more streamlined, simplified process.
Adare Human Resource Management is one of Ireland’s leading Employment Law and Human Resource Management Consultancies. Our HR & Employment Law Support Services include:
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