Labour Court Database __________________________________________________________________________________ File Number: CD92310 Case Number: LCR13662 Section / Act: S26(1) Parties: T.J.C. - and - SIPTU |
A dispute concerning i) the dismissal of two workers and ii) terms and conditions of employment.
Recommendation:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions, and finds as
follows.
1. Dismissals
The Court takes the view that a Company has a right during
the probationary period to terminate the employment of a
worker. This right however does not relieve the Company of
the obligation of dealing with the worker on probation in a
fair and equitable manner.
The Court finds, that in the case of Ms. Fitzsimons having
considered all of the circumstances, there are no grounds
to amend the decision of the management and accordingly the
Court rejects the claim of the union for her reinstatement.
With regard to the case of Ms. Bergin, in the light of the
contradictory views put forward by the parties of the
events leading to her dismissal the Court considers the
most equitable solution to this issue is that the worker be
reinstated and her probation be extended for a period of
three months, during which she should be expected to
display the attitude required by management for the
efficient conduct of their business.
2. Proposals for Agreement
The Court has noted the positive expressions of the parties
that the differences between them were not significant and
that given reasonable goodwill they should be able to
finalise an agreement.
To this end the Court considers the parties should discuss
the issues in dispute and seek to reach an acceptable
agreement.
In the event that agreement is not reached within one month
of the date of this Recommendation the Court is prepared to
review progress made and make a recommendation in respect
of outstanding issues.
The Court recommends both parties accept the above as a
basis for an immediate resumption of normal working and a
basis for developing harmonious working relationships for
the future.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92310 RECOMMENDATION NO LCR13662
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT 1990
PARTIES TJC LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning i) the dismissal of two workers and
ii) terms and conditions of employment.
BACKGROUND:
2. The dispute was referred to the conciliation service of the
Labour Relations Commission on 11th May, 1992. Conciliation
conferences were held on 13th and 21st May, 1992 at which
agreement was not reached. The issue was referred to the Labour
Court on 22nd May, 1992 under Section 26(1) of the Industrial
Relations Act, 1990. The Court investigated the dispute on 25th
May, 1992.
RECOMMENDATION:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions, and finds as
follows.
1. Dismissals
The Court takes the view that a Company has a right during
the probationary period to terminate the employment of a
worker. This right however does not relieve the Company of
the obligation of dealing with the worker on probation in a
fair and equitable manner.
The Court finds, that in the case of Ms. Fitzsimons having
considered all of the circumstances, there are no grounds
to amend the decision of the management and accordingly the
Court rejects the claim of the union for her reinstatement.
With regard to the case of Ms. Bergin, in the light of the
contradictory views put forward by the parties of the
events leading to her dismissal the Court considers the
most equitable solution to this issue is that the worker be
reinstated and her probation be extended for a period of
three months, during which she should be expected to
display the attitude required by management for the
efficient conduct of their business.
2. Proposals for Agreement
The Court has noted the positive expressions of the parties
that the differences between them were not significant and
that given reasonable goodwill they should be able to
finalise an agreement.
To this end the Court considers the parties should discuss
the issues in dispute and seek to reach an acceptable
agreement.
In the event that agreement is not reached within one month
of the date of this Recommendation the Court is prepared to
review progress made and make a recommendation in respect
of outstanding issues.
The Court recommends both parties accept the above as a
basis for an immediate resumption of normal working and a
basis for developing harmonious working relationships for
the future.
~
Signed on behalf of the Labour Court
Tom McGrath
_____________________
29th May, 1992 Deputy Chairman
A.Ni.S./N.Ni.M.
Note:
Enquiries concerning this Recommendation should be addressed to
Ms. Aoibhean Ni Shuilleabhain, Court Secretary.