Posted: September 5th, 2018
A Dublin-based van driver who failed to attend work on his “fed-up days” has been awarded €2,000 for unfair dismissal after the Workplace Relations Commission ruled that there had been an absence of fair procedures in place at the transport company that the was working.
The CEO of the transport company that fired the driver in May 2017 advised the WRC he had not attended work for eight working days and “three fed-up” days over a three-month period.
The man won his unfair dismissal claim at the Workplace Relations Commission (WRC) which has also directed the company to pay the man €879 in unpaid wages along with the €2,000 award.
In his claim for unfair dismissal, the van driver argued that there was no basis for the company to dismissing him from his position and that he was never put through a disciplinary process. There had been no previous warnings before he was sacked and he admitted that he had missed a few days and called them his “fed-up days”. When he attended for work on May 15th at 7am, he was advised that there was no work for him.
The transport company stated that the van driver agreed with his employer’s perception that he was unhappy and disillusioned with the job and accepted that he could not go on just showing up for work when he felt like it. The company also said that the driver accepted that his job was in danger.
In ruling that the man was unfairly dismissed, WRC Adjudication Officer, Marie Mulcahy stated that, regardless of the actions of the driver or the degree of wrongdoing, the employer “must follow fair procedures”. She (Ms Mulcahy) added that the driver “was deprived of any process conforming to the requirements of natural justice. There was no advance notice that dismissal was being contemplated, no process, no right of representation offered and no appeal procedure provided”.
She said that the driver played a part in his dismissal by withholding information from the employer in relation to his return to work where his employer had to hire an alternative employee and previous occurrences of absences where he did not inform them he would not be at work.
The employer told the WRC they had withheld €879 in unpaid wages as twelve televisions the driver was delivering went missing while he was the driver was transporting them for a client to an An Post delivery centre on April 29 2017.