Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

File photo Shutterstock/Standret

Mechanic awarded €11.5k after being sacked for failing to turn up to work on time

The man in question had been employed as a mechanic at a garage from 1 July 2003 to 18 March 2017.

A MAN HAS been awarded €11,500 in compensation after losing his job as a mechanic after 14 years following claims he was dismissed because he could not be depended on to turn up to work on time. 

The man in question had been employed as a mechanic at a garage from 1 July 2003 to 18 March 2017, with weekly working hours of 24 hours and a weekly pay of €240.

In a complaint to the Workplace Relations Commission (WRC), the man said that his employer had failed to provide him with a written statement of his terms and conditions of employment in accordance with the provisions of the 1994 Act. 

He also claimed the employer terminated his employment without notice or pay-in-lieu of notice in accordance with the provisions of the 1973 Act. 

Futhermore, he claimed that his employer had not afforded him his rights and entitlements in relation to annual leave and public holidays. 

In relation to his dismissal, he said he received a call on 18 March 2017 from the proprietor who told him he was being let go as there was no work for him. 

The mechanic said he took advice and returned to the proprietor two weeks later, who informed him that there was still no work available. He then asked for his redundancy payment, which he claimed not to have received. 

Later, the man asked for his P45, but he claimed the respondent refused to give it to him.

The proprietor then offered the complainant his job back. However, the mechanic did not accept the job, as he said he did not believe it was a serious offer and that the employer was “just trying to cover the fact that his dismissal was unfair”. 

Late for work

In a response to the WRC, the employer said that the mechanic was dismissed by them for good and valid reasons. 

The employer said the mechanic was dismissed because they could not depend on him to attend work at normal times and to work normal hours, despite him being repeatedly spoken to about his absences and repeatedly warned that this could not continue and that the consequences of it would be the loss of his job. 

The proprietor said the complainant was a “super mechanic, a very good employee, who worked faster than the other employees and his productivity was very good, but the difficulty with him was getting him to work full days”. 

However, he said the mechanic didn’t work full days regularly, be it starting late, taking extended lunch breaks and missing time. 

The proprietor said he spoke hundreds of times over a very lengthy period and warned the mechanic that he could not continue to employ him if he didn’t work normal hours. 

He said that he gave the complainant every chance to improve his timekeeping but that it didn’t happen. 

The respondent said that eventually on 18 March 2017, when the mechanic didn’t turn up for work, he rang and said, “This can’t keep going on (missing time). I can’t keep you working these hours.” He acknowledged that he was, in effect, dismissing the mechanic because of his timekeeping record. 

The mechanic didn’t come to work for a further two weeks, according to the proprietor, at which stage the mechanic asked him had anything changed. The proprietor offered the complainant his job back, provided he would come to work for the full scheduled day.

The respondent said the mechanic didn’t take up on the offer. He said the same offer was still open to him, even now. 

The employer said he had no choice but to terminate the mechanic’s employment in view of his failure to maintain a proper or reasonable attendance and timekeeping record. 

As a result, the employer confirmed the mechanic was replaced at his job.

While they insisted they had given the complainant numerous verbal warnings, the employer had no records of these, nor could they provide dates of when they verbal warnings were allegedly given. 

The employer confirmed they had not given any written warnings to the mechanic and that the allegations or complaints were never set out in writing to him, nor was he ever informed in writing of the possible consequences of his alleged failures. 

At the WRC hearing, the employer also acknowledged they had not provided the mechanic with a written statement on his terms and conditions of employment, and that they had not provided him with his minimum notice of entitlements and or pay-in-lieu.

They also accepted that the mechanic had not been afforded his entitlements in relation to annual leave and public holidays. In relation to annual leave, the employer said that when the complainant took a one-week holiday at Christmas and in August he was paid €100. 

Response

After the employer presented his case, the mechanic denied that he was regularly missing from work. He said that he may have been missing occasionally, but that it was equally true that he often stayed on late after his finishing time without any extra pay. 

He denied that he had been repeatedly informed by the proprietor about missing time from work and that his job was at risk for that reason.

He also claimed that he had never been subject to any disciplinary action of any sort during his employment. He was never given a verbal warning, a written warning, a final written warning, a suspension or any form of disciplinary action, he said. 

The mechanic did not seek alternative work following his dismissal as he was running his own businesses from which he said that he was receiving an average of €140 per week. 

Decision

The WRC officer Seán Reilly noted that while the employer said that the mechanic was dismissed for good and valid reasons as they could not depend on him to attend work at the appointed time, a number of facts were established at the hearing which could not be disputed. 

This included the fact that no written warnings were given, allegations or complaints were never set out in writing to the mechanic and that he was never informed of a right to be represented during any procedure. 

Reilly noted that the hearing on 24 October was adjourned at the request of both parties to facilitate the reaching of a compromise to settle the matter.

However, the WRC was then informed that a resumed hearing was required and it was held on 18 April 2018. At the resumed hearing, Reilly was informed that €5,500 of the agreed settlement had been paid to the mechanic and it was agreed that he would take that into account in any redress awarded. 

“I have carefully considered the appropriate redress in the instant case and I have taken all factors into account including the views of the parties as expressed at the hearing,” Reilly said.

“I have concluded that there is an absence of the minimum level of trust necessary to sustain an employer/employee relationship in the instant case and that accordingly, the only appropriate redress is compensation.”

Having been awarded compensation and redress for breaches of his rights under the Terms of Employment (information) Act 1994, the Minimum Notice and Terms of Employment Act 1973, the Organisation of Working Time Act 1997 and the Unfair Dismissals Act 1977, the complainant received a total of €6,000. 

With the sum of €5,500 already paid to the mechanic, he received the total amount of €11,500. 

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
19 Comments
    Install the app to use these features.
    Mute Middle Class Cork
    Favourite Middle Class Cork
    Report
    May 7th 2015, 8:36 PM

    Mcdonalds is always there for me too. Unfortunately for my waist!!

    242
    Install the app to use these features.
    Mute Jimmy Murphy
    Favourite Jimmy Murphy
    Report
    May 7th 2015, 9:16 PM

    I hate McDonald’s and yet I find their double cheeseburgers annoyingly addictive…

    122
    Install the app to use these features.
    Mute Gaeltán
    Favourite Gaeltán
    Report
    May 8th 2015, 7:15 AM

    #Jimmy
    Mar tá siad lá le siúrce agus cimicí chun go mbeidh tú tugtha dóibh.

    10
    Install the app to use these features.
    Mute Jax Maxwel
    Favourite Jax Maxwel
    Report
    May 8th 2015, 10:02 AM

    Gaeltan,
    Perché si rispondere a un commento in una lingua diversa ? è rozzo

    6
    See 2 more replies ▾
    Install the app to use these features.
    Mute Derek Mahon
    Favourite Derek Mahon
    Report
    May 8th 2015, 10:03 AM

    Is maith liom sceallóga agus ispíní.

    13
    Install the app to use these features.
    Mute Jimmy Murphy
    Favourite Jimmy Murphy
    Report
    May 8th 2015, 12:12 PM

    Eh?

    1
    Install the app to use these features.
    Mute Ryan Kelly
    Favourite Ryan Kelly
    Report
    May 7th 2015, 8:32 PM

    Breaking News: James Franco worked in McDonald’s. Bad day at the office Journal?

    93
    Install the app to use these features.
    Mute Al Beebak
    Favourite Al Beebak
    Report
    May 7th 2015, 8:33 PM

    I know the feeling James, mc Donald’s has often taken me out of a hole too.

    61
    Install the app to use these features.
    Mute Dermot Quinn
    Favourite Dermot Quinn
    Report
    May 7th 2015, 9:21 PM

    Ironic, mackers has taken the hole out of me more than once.

    77
    Install the app to use these features.
    Mute Dermot Quinn
    Favourite Dermot Quinn
    Report
    May 7th 2015, 9:36 PM

    Silly boy.

    19
    Install the app to use these features.
    Mute Barry Walsh
    Favourite Barry Walsh
    Report
    May 7th 2015, 9:39 PM

    To be fair it reads a bit like james got a few dollars for reading that script!

    44
    Install the app to use these features.
    Mute Norman Hunter
    Favourite Norman Hunter
    Report
    May 7th 2015, 8:58 PM

    McDonald’s where even the salads are unhealthy.

    33
    Install the app to use these features.
    Mute Michael Mclaughlin
    Favourite Michael Mclaughlin
    Report
    May 7th 2015, 9:06 PM

    Pure manure!!

    24
    Install the app to use these features.
    Mute Richard Griffin
    Favourite Richard Griffin
    Report
    May 7th 2015, 8:40 PM

    Terrible actor, brutal Director and an even worse artist… one guy that should have never given up the day job…

    23
    Install the app to use these features.
    Mute Dave O Keeffe
    Favourite Dave O Keeffe
    Report
    May 7th 2015, 8:57 PM

    What have you done lately?

    95
    Install the app to use these features.
    Mute Paul O'Neill
    Favourite Paul O'Neill
    Report
    May 7th 2015, 8:51 PM

    Let’s put this to bed once and for all…Big Mac or Whopper??

    22
    Install the app to use these features.
    Mute Michael Mclaughlin
    Favourite Michael Mclaughlin
    Report
    May 7th 2015, 8:54 PM

    Neither.

    34
    Install the app to use these features.
    Mute Middle Class Cork
    Favourite Middle Class Cork
    Report
    May 7th 2015, 9:04 PM

    Big Mac on its own or a Whopper if you whack a few BK onion rings into it! Now thats me darza!!

    27
    See 1 more reply ▾
    Install the app to use these features.
    Mute Sam
    Favourite Sam
    Report
    May 7th 2015, 10:32 PM

    The double cheeseburger for €2

    30
    Install the app to use these features.
    Mute Michael Mclaughlin
    Favourite Michael Mclaughlin
    Report
    May 7th 2015, 8:41 PM

    Often emptied my hole!!

    21
    Install the app to use these features.
    Mute Bill Rooney
    Favourite Bill Rooney
    Report
    May 7th 2015, 9:12 PM

    Caroline did?

    She always was dirty.

    Ask the lads…..

    19
    Install the app to use these features.
    Mute Will Derbylight
    Favourite Will Derbylight
    Report
    May 7th 2015, 9:39 PM

    Yeah, Cal is well known………

    13
    Install the app to use these features.
    Mute Pete Gibson
    Favourite Pete Gibson
    Report
    May 8th 2015, 8:18 AM

    A “full Irish breakfast” is far more dangerous to your waistline than anything served up in McDonalds.
    Anyway,why pick on McDonalds?
    ALL restaurants serve up fattening foods.
    Ever wondered what’s in that “Nouveau Cusine” they serve up in upmarket restaurants?

    At least McDonalds is spotlessly clean and hygienic.
    Unlike a lot of other “greasy spoon” dumps you see on the high street.

    And a LOT cleaner and hygienic than most Irish kitchens I have seen.

    19
    Install the app to use these features.
    Mute Colonel Redbeard
    Favourite Colonel Redbeard
    Report
    May 8th 2015, 10:49 AM

    McDonalds sells happiness. I’d have it every other month but never as my main meal of the day.

    Large chicken legend meal, salsa, no bacon, with coke. That’s the one and only meal I eat at McDonalds and I’d happily eat it everyday if I could get away with it. Add chicken nuggets and its €10 exactly.

    2
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds