Labour Court Database __________________________________________________________________________________ File Number: CD86699 Case Number: LCR10873 Section / Act: S20(1) Parties: WALTONS MANUFACTURING LTD. - and - COOLOCK COMMUNITY LAW CENTRE;MR. JAMES SHIELDS |
Alleged unfair dismissal.
Recommendation:
5. The Court, having regard to the submissions made by the
parties is of the opinion that the worker concerned was not
unfairly dismissed and does not therefore recommend his
reinstatement.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD86699 THE LABOUR COURT LCR10873
SECTION 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10873
Parties: WALTONS MANUFACTURING LIMITED
and
A WORKER
(REPRESENTED BY THE COOLOCK COMMUNITY LAW CENTRE)
Subject:
1. Alleged unfair dismissal.
Background:
2. The worker concerned was employed by the Company as a trainee
manager from the 6th May, 1985, to the 13th September, 1985,
following completion of an AnCO training scheme. He was dismissed
following an argument with the Marketing Director concerning the
use of the Company car at weekends. He was given two weeks'
notice or the offer of two weeks' wages in lieu of this plus a
settlement to tide him over until he found a new job. The worker
subsequently referred his case to a Rights Commissioner for
investigation and recommendation, but no hearing was held as the
Company declined to attend. His solicitor then referred the
matter, on his behalf, to the Labour Court under Section 20(1) of
the Industrial Relations Act, 1969, agreeing in writing beforehand
to be bound by the Court's recommendation. A Court hearing took
place on the 24th November, 1986, the earliest date suitable to
the parties.
Worker's arguments:
3. (i) The worker refutes Management's allegations that he was
unsuitable for the job and that he had problems with
the staff under him. At no time was he ever spoken to
about these matters.
(ii) It was only after two months that the worker discovered
that he was employed as a factory manager. He did an
AnCO course in machine and tool maintenance (he had
previously been a welder) and was under the impression
that he was being employed to carry out maintenance
duties.
(iii) He sometimes had the use of the Company van at weekends
and had made arrangements to use it the weekend
concerned in which he had the argument with the
marketing director. He later agreed that he was wrong
to get involved in this incident.
(iv) The worker was dismissed without notice and the amount
paid to him covered only minimum notice plus holiday
entitlements. He considers his dismissal unfair and is
seeking reinstatement.
Company's arguments:
4. (a) The worker concerned was employed as a trainee manager
to run a small manufacturing concern. During his trial
period it was noted on several occasions that he had
problems working with both the employees under him and
the directors of the Company. In the week previous to
his dismissal, two employees working under him were
refusing to work any longer. It was decided that he
was no longer suitable to manage the factory following
a specific disagreement with one of the Company
directors.
(b) He was given two weeks' notice or the offer of two
weeks' wages in lieu of this, plus a settlement to tide
him over and help him until he found a new job. The
total of this came to #819 gross (#540 nett) which he
accepted. It was not an easy decision to terminate his
employment but it was strongly felt that he was not
able to take the responsibility required for the job.
(c) He was clearly aware that he had a supervisory role in
the factory as he signed documents containing
instructions regarding lateness and duration of
tea-breaks etc.
RECOMMENDATION:
5. The Court, having regard to the submissions made by the
parties is of the opinion that the worker concerned was not
unfairly dismissed and does not therefore recommend his
reinstatement.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
Deputy Chairman.
15th December, 1986.
D.H./J.C.