Labour Court Database __________________________________________________________________________________ File Number: CD90543 Case Number: LCR13051 Section / Act: S20(1) Parties: READI BAKE LIMITED - and - THE BAKERY AND FOOD WORKERS' AMALGAMATED UNION |
Dispute concerning the alleged unfair dismissal of a worker.
Recommendation:
7. In all the circumstances of this case and in view of the
short service with the Company the Court recommends that the
claimant be paid a sum of #250 as compensation for the manner in
which he was dismissed and that he should also be given a
character reference.
Division: Ms Owens Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD90543 RECOMMENDATION NO. LCR13051
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20
PARTIES: READI BAKE LIMITED
AND
THE BAKERY AND FOOD WORKERS' AMALGAMATED UNION
SUBJECT:
1. Dispute concerning the alleged unfair dismissal of a worker.
BACKGROUND:
2. The worker concerned commenced employment with Joseph Downes &
Sons (Butterkrust), Finglas as a general worker in 1965 and worked
in that capacity until 1975 when he was made a checker. He worked
the day shift all that time from 5.30 a.m. until 2.00 p.m.
3. In 1987 the Company went into receivership and the assets were
sold to the Odlum group. The worker retained his job and
continued to perform the same duties. The Company transferred its
operation to Ballsbridge and the worker transferred also. He was
subsequently put on nights working from 12.00 a.m. to 8.00 a.m.
This Company went into liquidation in March, 1988 and the assets
(brand names and some machinery) were sold to Readi Bake Limited.
The worker was then requested to report to a site on the Kylemore
Road if he wished to continue in his job. After two weeks they
were moved to a site in Ballymount Road. On 15th July, 1988 the
worker was informed that the Company was moving back to the old
Finglas site and that his services would no longer be required.
He was given whatever monies were due and his P.45. The worker
contends that he was given to understand that if work became
available he would be the first one to be called back.
4. As time passed the worker became aware that his old job was
being done by someone else and that other workers had been taken
on. The Union referred the issue to a Rights Commissioner and
subsequently to the conciliation service of the Labour Court. The
Company declined invitations to attend either a Rights
Commissioner's investigation or a conciliation conference. The
Union then referred the issue to the Labour Court for
investigation and recommendation under Section 20(1) of the
Industrial Relations Act, 1969. A Court hearing was held on 8th
October, 1990. The worker agreed to be bound by the Court's
recommendation.
UNION'S ARGUMENTS:
5. 1. The worker has never had any complaints, warnings or
reprimands and has always carried out his duties
conscientiously. During his time with Readi Bake he was never
spoken to about his work performance and there was never any
suggestion that his work was anything other than satisfactory.
2. The worker feels that the manner of his dismissal was such
that it damaged his good name and comments have been made to
him that his dismissal was because of dishonesty and the Court
is asked to find that his dismissal was unfair.
COMPANY'S ARGUMENTS:
6. 1. During the transition period when the Company took over no
employee was in permanent employment and no one had any
authority to offer same to anybody. The Company found it had
surplus staff and the worker was let go along with others. He
was, therefore, not unfairly dismissed.
RECOMMENDATION:
7. In all the circumstances of this case and in view of the
short service with the Company the Court recommends that the
claimant be paid a sum of #250 as compensation for the manner in
which he was dismissed and that he should also be given a
character reference.
~
Signed on behalf of the Labour Court,
Evelyn Owens
__15th__October,___1990. ___________________
M. D. / M. F. Deputy Chairman