Labour Court Database __________________________________________________________________________________ File Number: CD91468 Case Number: LCR13442 Section / Act: S20(1) Parties: SECURICOR OMEGA EXPRESS - and - A WORKER |
Claim by a worker that she was unfairly dismissed.
Recommendation:
5. The Court notes that the Company did not attend the hearing
and submitted a written statement.
Having considered the submissions the Court is of the view that
the claimant has been unfairly dismissed and accordingly
recommends that she be paid a sum of £1500.
Division: Ms Owens Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD91468 RECOMMENDATION NO. LCR13442
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: SECURICOR OMEGA EXPRESS
AND
A WORKER
SUBJECT:
1. Claim by a worker that she was unfairly dismissed.
BACKGROUND:
2. The worker was first employed by D.G.A. Limited in 1988 until
she left in March, 1990. At that time D.G.A. Limited operated an
international parcels service under franchise from Securicor Omega
Express. In September, 1990 the worker was re-employed by D.G.A.
Limited as a general agent in the air freight section. In July,
1991 the worker's employment was formally terminated by the
employer. In August, 1991 Securicor Omega Express took over the
operations of D.G.A. Limited. The worker claims that she was
unfairly dismissed. The worker referred the matter to the Labour
Court under Section 20(1) of the Industrial Relations Act, 1969.
The Court hearing took place on 1st October, 1991. Prior to the
hearing the worker agreed to be bound by the recommendation of the
Court. The Company made a written submission to the Court but did
not attend and was not represented at the hearing.
WORKER'S ARGUMENTS:
3. 1. On 4th October, 1990 the worker had an accident at
work. She was treated by the Company doctor and continued to
attend work until 17th January, 1991 when she was
hospitalised. She had an operation in March, 1991. In
April, 1991 she made enquiries from the Company regarding her
resumption of work. After numerous enquiries she was then
verbally informed that there was no longer a position in the
Company for her and that her P45 plus a letter explaining the
position would be issued to her immediately. The worker
received the letter and her P45 in July, 1991.
2. The worker kept her employer fully informed of the
situation regarding the medical treatment arising from the
accident. She received no indication from the Company at
that time that her job was at risk. When she made a claim
for compensation against the Company it's attitude towards
her changed. Her employment was terminated. She was the
only member of staff whose employment was terminated in May,
1991.
3. The worker was very badly treated by the Company. The
fact that she is a good worker is evidenced by the fact that
the Company re-employed her in September, 1990 and
subsequently gave her a promotion. The only reason she was
dismissed was because of her litigation claim. The worker
was unfairly dismissed and should be compensated accordingly.
COMPANY'S ARGUMENTS:
4. 1. The worker was re-employed by the Company in September,
1990. She was absent from work from 15th October, 1990 until
the termination of her employment in July, 1991.
2. In July, 1991 the worker's position became redundant
along with other staff. The decision to select her for
redundancy was fair in that she was a short term employee.
In addition her attendance record was not satisfactory.
3. Throughout her employment the worker was treated fairly.
She received sick pay in excess of her entitlement.
RECOMMENDATION:
5. The Court notes that the Company did not attend the hearing
and submitted a written statement.
Having considered the submissions the Court is of the view that
the claimant has been unfairly dismissed and accordingly
recommends that she be paid a sum of £1500.
~
Signed on behalf of the Labour Court
Evelyn Owens
____________________
18th October, 1991.
A.S. / M.O'C. Deputy Chairman