| CD/24/25 | DECISION NO. LCR23070 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
(REPRESENTED BY IBEC)
AND
A WORKER
DIVISION:
| Chairman: | Ms O'Donnell |
| Employer Member: | Mr O'Brien |
| Worker Member: | Ms Treacy |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00046812 ADJ-00049009 (ADJ-00049009 CA-00060293)
BACKGROUND:
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 11 January 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
On 1 December 2023 the Adjudication Officer issued the following Recommendation.
“Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to
the dispute.
The complaint is not upheld.’’
A Labour Court hearing took place on 29 October 2024.
DECISION:
This is an appeal by a Worker of the Decision of an Adjudication Officer. The issues in dispute between the parties relates to the dismissal of the Worker during her probation period. The Adjudication Officer did not uphold her complaint.
The Worker commenced work with this Employer on the 1st February 2020. Her contract hours were 37.5 and her salary was €44,000. She was dismissed on the 11th July 2022 during her probation period.
The Complainant submitted that she was unfairly dismissed but accepted that the Employer had followed procedures. She informed the Court that she had nothing to say about the procedures and that the Employer had done everything right. She confirmed that she was given a probationary review and that she was informed that she was being dismissed for poor performance.
The representative for the Employer submitted that at the first probationary meeting the Worker was told what elements of her work needed improving, at the second review meeting no improvements had taken place, so her employment was terminated. Prior to the meeting the Worker was informed of her right to be accompanied at the meeting.
Based on the submission of the Worker, who confirmed that the Employer had followed procedures and that she has no complaint about the procedures, the Court determines that the Worker was not unfairly dismissed.
The Decision of the Adjudication officer is upheld.
The Court so decides.
 | Signed on behalf of the Labour Court |
| |
| Louise O'Donnell |
| AR | ______________________ |
| 21st November 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.