Man who left job in Kildare only to be fired from new post a week later loses unfair dismissal case
The case was heard at the WRC
A MAN who left a fulltime job in Kildare of nearly three years to come take up a job as a kitchen porter in Galway but was fired after just one week, failed in his attempt to get compensation for unfair dismissal at the Workplace Relations Commission (WRC) earlier this month.
Because both sides chose the anonymised procedures and the WRC heard how the appellant was employed at the Galway location from 16 September 2024 until just the 23 September 2024 after having moved from Kildare to take up the position.
The commission was told how the appellant had called in sick on 22 September – told it was okay – but next morning received a email dismissing him from the job.
He claimed at the time of the email he had not received any warnings or disciplinary action, but did receive a statement saying he wasn’t “a right fit for the business” despite no grievance being discussed with him at any point during the week.
He was not paid notice, was blocked on email, and never received a response as to why. He is presently unemployed, and living in Galway. The appellant disputed he was asked to prepare desserts, believing this would be required “at a later stage”, there was no questions of his loading of the dishwasher, and that he was never told he was not carrying out the work properly.
He believed he was dismissed on account of his sick leave, and was unable to get alternative work.
The employer denied any wages or notice was due, as there were two payslips issued and he was on a period of probation.
The employer claimed the appellant had “difficulty following instructions”, was not running the dishwasher when full, and was indeed spoken to by superiors after another kitchen porter complained.
The appellant allegedly would not prepare desserts on the Friday (20 September), a problem which re-occurred on the Saturday, all of which led to the dismissal email on 23 September as he was still on probation.
The employer did not accept it was difficult to find alternative work “as there were 22 restaurants within 50m of the premises looking for kitchen porters”.
According to the adjudication officer Davnet O’Driscoll that under Irish employment law, an employer is only required to pay notice when an employee has been on the books for a minimum of 13 weeks.
Mr O’Driscoll noted the contradictions in evidence, and told the WRC that a new employee should be informed if there are difficulties, and “given time to show improvements”, whilst concerns should be “recorded in writing for clarity ... issues were raised directly with the worker and he was given an opportunity to improve after dismissal”.
He also noted the worker’s claim that he was unable to obtain alternative employment and had financial loss, but was unable to provide any evidence of this when requested to by the WRC.
“In the circumstances, I make no recommendation,” said Mr O’Driscoll, a formal ruling that sides with the employer.
