Labour Court Database __________________________________________________________________________________ File Number: CD88574 Case Number: LCR12026 Section / Act: S20(1) Parties: KILDARE STREET AND UNIVERSITY CLUB - and - A WORKER |
Dispute concerning the alleged unfair dismissal of a worker.
Recommendation:
5. Having regard to the submissions made by the parties, the
Court recommends that the Club pay the worker concerned a sum
equivalent to two weeks wages and provide a further reference
amended in more favourable terms.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88574 RECOMMENDATION NO. LCR12026
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: KILDARE STREET AND UNIVERSITY CLUB
and
A WORKER
SUBJECT:
1. Dispute concerning the alleged unfair dismissal of a worker.
BACKGROUND:
2. The worker concerned commenced employment in the Club on the
27th January, 1988. Her duties were concerned principally with he
washing of delph and cutlery, the preparation of cheeses for the
dining room and the making of tea and coffee. On the 1st June,
1988, she was given one week's notice because Management was
dissatisfied with her work. The worker claims that she was never
formally warned or spoken to regarding her work or her attitude
and that the first indication she had of Management's
dissatisfaction with her was when she received her notice. She
subsequently referred a claim for alleged unfair dismissal to the
Labour Court under Section 20(1) of the Industrial Relations Act,
1969, agreeing beforehand to be bound by the Court's
recommendation. A Court hearing was held on the 1st September,
1988.
WORKER'S ARGUMENTS:
3. 1. Prior to receiving her notice on the 1st June, the worker
had received no warning or reprimand concerning her work. She
was therefore totally unaware of Management's dissatisfaction
with both her work and her attitude. In addition, on the day
she received her notice she queried Management's allegations
but received no specific answers.
2. In addition to her complaint concerning the manner of her
dismissal, the worker is also very dissatisfied with the
reference she received from the Club which she claims is of no
use to her in seeking alternative employment.
CLUB'S ARGUMENTS:
4. 1. The worker concerned was a bad time-keeper, with a
tendency to idleness, and was inclined to be resentful when
these matters were brought to her attention. She displayed no
interest in her work and was frequently absent from her work
place when on duty. Being dissatisfied with her work and
being of the view that she was unlikely to improve, the
Catering Manager therefore gave her a week's notice on the 1st
June, 1988.
RECOMMENDATION:
5. Having regard to the submissions made by the parties, the
Court recommends that the Club pay the worker concerned a sum
equivalent to two weeks wages and provide a further reference
amended in more favourable terms.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
16th September, 1988 Deputy Chairman.
D.H./J.C.