Labour Court Database __________________________________________________________________________________ File Number: CD93125 Case Number: LCR14039 Section / Act: S20(1) Parties: OLD SCHOOL RESTAURANT - and - A WORKER |
Dispute concerning an alleged unfair dismissal.
Recommendation:
5. Having considered the submissions from the parties the Court
is satisfied that the claimant's attendance record was
unsatisfactory and accordingly the Company was justified in
letting her go. The Court however is concerned at the manner in
which the dismissal was carried out and accordingly recommends
that she be paid a sum of #60 (in lieu of notice) as full
settlement of her claim.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD93125 RECOMMENDATION NO. LCR14039
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: OLD SCHOOL RESTAURANT
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
A WORKER
SUBJECT:
1. Dispute concerning an alleged unfair dismissal.
BACKGROUND:
2. 1. The worker was employed as a cleaning assistant by the
Company, from 5th October, 1992 to 4th December, 1992. She
went on sick-leave on 30th November, 1992. The Company
decided that it could no longer retain the worker in
employment and she was dismissed on 4th December, 1992.
2. The worker submitted her claim for unfair dismissal to the
Labour Court under Section 20(1) of the Industrial Relations
Act, 1969 by letter dated 17th February, 1993. A Labour Court
investigation was held on 22nd March, 1993 (the earliest date
suitable to both parties).
WORKER'S ARGUMENTS:
3. 1. The worker had an excellent work record during her
employment and had a good relationship with superiors and
co-workers. The Company never spoke to her about work or
absences. The worker offered her notice of termination of
employment in November, 1992 but was dissuaded by the chef,
who stated he would seek a wage increase for her, in January,
1993.
2. The worker was dismissed without explanation while she was
on certified sick-leave. The dismissal was unwarranted and
caused financial difficulties during the Christmas season.
The worker completed all work satisfactorily and without
complaint, with one exception, when she was unable to complete
a task due to fear of heights (details supplied).
COMPANY'S ARGUMENTS:
4. 1. The worker's service with the Company was unsatisfactory.
Her sick-leave record was unacceptable (details supplied).
She refused to carry out instructions of her superior, on two
occasions. This was contrary to her contract of employment.
2. Over the course of her employment, the worker displayed an
insubordinate attitude to her superior. Management spoke to
the worker on a number of occasions about its dissatisfaction
with her attendance and insubordinate attitude. The worker's
final absence coincided with the Company's busiest period of
the year. In all the circumstances, a decision was taken to
dismiss the worker.
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
is satisfied that the claimant's attendance record was
unsatisfactory and accordingly the Company was justified in
letting her go. The Court however is concerned at the manner in
which the dismissal was carried out and accordingly recommends
that she be paid a sum of #60 (in lieu of notice) as full
settlement of her claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
_____________________
14th April, 1993 Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.