WRC Finds Unfair Dismissal for Want of Fair Procedures

The Workplace Relations Commission (“WRC”) case of Paul Burke v Dungarvan Insulation Limited ADJ-00035692 involved a number of complaints under the Unfair Dismissals Acts, the Minimum Notice & Terms of Employment Acts, the Protection of Employees (Fixed Term Work) Act, and the Payment of Wages Act 1991. In a decision dated 10^th July 2023, the Adjudicator, Mr Seamus Clinton, found that the Complainant was unfairly dismissed, and that the Complainant had not been afforded the requisite minimum notice. The Adjudicator did not uphold the complaints relating to the Protection of Employees (Fixed Term Work) Act 2003 and the failure to make payments in relation to sales commissions and accrual of annual leave under the Payment of Wages Act 1991.

Facts: The Complainant was employed by the Respondent on an informal basis from 4^th August 2020, and on a formal basis from 2^nd November 2020 on a three-month contract which was extended thereafter although not formally renewed.  The Complainant continued to work for the Respondent on the same terms and conditions until he was dismissed on 20^th August 2021. On 20^th August 2021, the Respondent contracted the Complainant to say that his employment was being terminated and requested that he return the company van that morning. The Complainant was given just two hours’ notice that his employment was ending and there was no procedure in place for him to respond.

At the WRC, the Complainant argued that he was working under an implied contract of employment from his first day of employment, 4^th August 2020, meaning that he satisfied the one year’s service requirement under the Unfair Dismissals Acts.

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