Do you know the correct procedures for an employee dismissal?
The Workplace Relations Commission has awarded €20,000 for unfair dismissal to a former manager of a fast food outlet.
The WRC found that the employee was denied “natural justice” when dismissed by her employer.
In a submission, the ex-manager admitted that she left the fryer on but stated, “It was the first time that had ever happened to me on a shift.” No damage was caused to the fryer due to being left on overnight.
The un-named owner of the fast food franchise informed the employee on the night he sacked her, that he didn’t think she knew how serious it was as the place could have burned down. But the ex-manager recalled another occasion where electrical items were left on all night, in this instance his response was that it wouldn’t be a bad thing if the place burned down.
Although the ex-manager requested a reason for her dismissal, the franchise owner stated that he didn’t have to give her one and that was the end of it.
The hearing was informed that the relationship between employer and employee was “difficult” since ownership changed in February 2015.
There were no representatives of the company business at the WRC hearing. The WRC adjudication officer stated, “Based on the uncontested evidence, I find that the complainant was unfairly dismissed by the respondent.”
Unfair dismissal legislation dictates that when dismissing an employee fair procedures must be adhered to. Upon starting employment, every employee should be given details of the Company's dismissal procedures in writing. If you do not have a dismissal procedure, putting one in place should be a top priority.
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