An NCT worker sacked for telling a customer to 'f**k off' has lost an unfair dismissal claim
The Workplace Relations Commission said using bad language in that context was grounds for dismissal.
THE WORKPLACE RELATIONS Commission (WRC) has ruled that Applus, the national car test (NCT) firm, was right to sack a test centre administrator who is alleged to have told a customer to “fuck off”.
The man sued for unfair dismissal at the WRC, which concluded that the man’s employer, Applus Car Testing Service Ltd, had reasonable basis to find that bad language was used by the worker during the incident on 26 June 2016.
In its findings, the WRC said that the man’s unfair dismissal complaint against his former employer “is not well founded”.
“There can be little doubt that using bad language at a customer is grounds for a gross misconduct dismissal in the context of a customer service role where customers are complying with a statutory obligation in submitting their vehicles to verify they are roadworthy,” it added.
The worker – who was employed at NCT centres since 2008 – denied using bad language to the customer and asserted that the dismissal was unfair.
The man was sacked by Applus in October 2016 on the grounds of “unacceptable, unprofessional and inappropriate behaviour”, following a customer complaint and an eye-witness statement from a work colleague on the incident.
Complaints
In its findings, the WRC said that “it is striking that the customer complaint refers to the complainant’s rude behaviour and his sarcasm, but makes no reference to being told to ‘fuck off’”.
The allegation relating to the contentious expletive is contained in the colleague’s eye-witness statement, where she said that the customer was walking away from her colleague towards the waiting area when her colleague told the customer to “fuck off”.
In cross examination of the worker bringing the unfair dismissal action, it was put to him that the test centre manager spoke with the customer concerned who confirmed that bad language was used.
In his version of events, the ex-worker said he advised the customer to go to the waiting area and speak with the inspector.
He claimed that the customer was shouting and using offensive language at him. He sought to raise this with the team leader, but could not find him. He added that he did not use bad language nor was he aggressive.
Job history
The man said that he worked in this particular NCT centre for seven years and had worked well with people at six or seven other test centres.
He said that people were always happy to work with him and that he never had an issue with clients.
He added that there were other examples where employees used bad language but were not fired. He said that bad language was often used by customers when their cars failed, including this customer.
The worker told the hearing that there was no statement from the customer regarding the use of bad language and as there no customer statement to this effect, there was no case.
He told the WRC that his NCT salary was €28,500 a year and his new job is cleaning where he earns €100 per week for the part-time casual work. At the time of the WRC hearing, the man was on jobseeker’s benefit.
