Labour Court Database __________________________________________________________________________________ File Number: CD9360 Case Number: LCR13976 Section / Act: S20(1) Parties: THE EAGLE HOUSE, TERENURE - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
4. Although the employer was formally notified of the hearing of
this case he declined to attend and did not submit evidence.
Having considered the evidence presented by the claimant the Court
is satisfied that her dismissal was unfair and unsatisfactory and
that the employer failed to pay her statutory entitlements in
respect of holiday pay and notice. In addition, he failed to
provide her with her P.45 tax certificate.
In all the cirumstances, the Court recommends that the employer
pay the claimant a sum of #500 in settlement of all her claim and
entitlements arising from her dismissal. In addition the employer
should provide the necessary P.45 tax return.
Division: Mr Heffernan Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD9360 RECOMMENDATION NO. LCR13976
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1969
SECTION 20(1)
PARTIES: THE EAGLE HOUSE, TERENURE
and
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment on the 22nd
February, 1992. She was employed as a member of lounge staff,
worked a minimum of 20 hours per week, and was paid #2.50 per
hour. She was dismissed on the 9th October, 1992. The worker
claimed that her dismissal was unfair and referred the issue to a
Rights Commissioner for investigation. The Employer objected to
such an investigation. Subsequently the worker referred the
dispute to the Labour Court under Section 20(1) of the Industrial
Relations Act, 1969 and agreed to be bound by the Court's
recommendation. A Court hearing was held on the 19th February,
1993. The employer declined an invitation to attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The worker's duties included collecting glasses,
ashtrays, arranging chairs, etc,. When the employer opened a
new lounge at the premises, the cleaning staff left and lounge
staff were instructed to undertake cleaning duties. The extra
work placed a great deal of pressure on them as the
establishment was short-staffed for a time.
2. On the 8th October, 1992, the claimant was training in a
new employee, while also doing her own duties. On completion
of the work she asked for permission to go home. Management
told her she could go. When she reported for duty the
following day she was arbitrarily dismissed.
3. The worker was diligent and punctual during the period of
her employment. She had not previously received verbal or
written warnings about her work. She often facilitated the
employer by working extra hours and undertaking extra duties
when other employees failed to report for work. She has been
treated in a most unfair manner. She did not receive notice
and was not given her income tax form P. 45. She is claiming
appropriate compensation.
RECOMMENDATION:
4. Although the employer was formally notified of the hearing of
this case he declined to attend and did not submit evidence.
Having considered the evidence presented by the claimant the Court
is satisfied that her dismissal was unfair and unsatisfactory and
that the employer failed to pay her statutory entitlements in
respect of holiday pay and notice. In addition, he failed to
provide her with her P.45 tax certificate.
In all the cirumstances, the Court recommends that the employer
pay the claimant a sum of #500 in settlement of all her claim and
entitlements arising from her dismissal. In addition the employer
should provide the necessary P.45 tax return.
~
Signed on behalf of the Labour Court
Kevin Heffernan
1st March, 1993 ----------------
T O'D/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR TOM O'DEA, COURT SECRETARY.