Labour Court Database __________________________________________________________________________________ File Number: CD90577 Case Number: LCR13134 Section / Act: S20(1) Parties: DUN LAOGHAIRE TRAVEL - and - A WORKER |
Claim concerning alleged unfair dismissal.
Recommendation:
6. Having considered the Submission from the claimant and noting
that the Company did not respond to the Courts invitation to
attend the hearing, the Court is satisfied that the claimant was
treated unfairly and accordingly recommends that she be paid a sum
#1,000 for compensation.
Division: Ms Owens Mr Collins Mr Rorke
Text of Document__________________________________________________________________
CD90577 RECOMMENDATION NO. LCR13134
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 20
PARTIES: DUN LAOGHAIRE TRAVEL
AND
A WORKER
SUBJECT:
1. Claim concerning alleged unfair dismissal.
BACKGROUND:
2. After completing a TIMAS (Airline Computer) course the worker
was asked to contact the managing director of Dun Laoghaire Travel
concerning a job. The worker made numerous phone calls to arrange
a meeting regarding her obtaining a position with the Company but
as no meeting was arranged the worker secured employment
elsewhere.
3. In March, 1990 the worker received an unexpected phone call
from the managing director of the Company concerning a job there.
A meeting was arranged at which the worker was offered a job and
informed that another employee was going on maternity leave. The
worker enquired as to whether the job was of a temporary nature
and she was informed that it was permanent.
4. The worker commenced employment with the Company on the 19th
March, 1990. The worker continued working there up to 1st June,
1990 when her employment was terminated. The worker received no
notice or pay in lieu of notice. As the worker considered that
she had been treated unfairly she referred her case to a Rights
Commissioner for investigation and recommendation. The Company
declined an invitation to attend a Rights Commissioner's
investigation. The worker then referred her case to the Labour
Court under Section 20(1) of the Industrial Relations Act, 1969.
A Court hearing was held on 30th November, 1990. The worker
agreed to be bound by the Court's recommendation. The Company did
not attend and was not represented at the hearing.
WORKERS' ARGUMENTS:
5. 1. The worker left a full time job in order to take up
employment with the Company. She was given to understand
that her employment was full time. During her period of
employment there were never any complaints about her work.
She performed many and varied duties and on many occasions
she worked through her lunch hours. She did not object to
this as she was happy at her work.
2. When the worker's employment was terminated it came
as a complete shock to her. She considers that she has been
treated most unfairly as a week after she was let go the
employee who was on maternity leave returned to work.
RECOMMENDATION:
6. Having considered the Submission from the claimant and noting
that the Company did not respond to the Courts invitation to
attend the hearing, the Court is satisfied that the claimant was
treated unfairly and accordingly recommends that she be paid a sum
#1,000 for compensation.
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Signed on behalf of the Labour Court
3 January 1991 Evelyn Owens
M.D./M.O'C ---------------
Deputy Chairman