Case Number: ADJ-00016579. Workplace Relations Commission.
| Docket Number | ADJ-00016579 |
| Hearing Date | 01 April 2019 |
| Date | 01 July 2019 |
| Year | 2019 |
| Court | Workplace Relations Commission |
| Parties | A Stock Control Manager V A Logistics Company |
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
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The complainant was employed by the respondent as a Stock Control Manager from October 2007 until 29th November 2018 having been given three months’ notice of the termination of his employment. The complaint relates to alleged Unfair Dismissal. |
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Preliminary Point The respondent contends that the complaint submitted to the Workplace Relations Commission (WRC) on 5th September 2018 was premature in so far as the complaint was lodged during the three months’ notice period while the complainant was still employed. The respondent submits, therefore that the WRC does not have jurisdiction to hear the complaint. Substantive Issue The respondent does not accept that the complainant was unfairly dismissed. The respondent stated that the complainant was dismissed in line with the terms of his contract of employment which provides for the termination of his employment on the provision of three months’ notice. The respondent contends that it carried out a review of its operations and the role of Stock Control Manager was no longer required. The respondent stated that the complainant was not replaced and that his duties were distributed amongst other managerial staff. The respondent cited a number of legal cases in support of its decision to dismiss the complainant in line with the terms of his contract of employment. |
Summary of Complainant’s Case:
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The complainant contends that he was unfairly dismissed. The complainant stated that he received a letter on 29th August 2018 providing him with three months’ notice that his employment was being terminated on 29th November 2018. The complainant stated that he was not given any reasons for his dismissal. The complainant submits that throughout his 12 years of service with the respondent, there were no performance or disciplinary issues and that he had regularly been commended for his performance. The complainant is seeking reinstatement or compensation in relation to his complaint. |
Findings and Conclusions:...
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