Labour Court Database __________________________________________________________________________________ File Number: CD93154 Case Number: LCR14214 Section / Act: S20(1) Parties: RTV - and - MANUFACTURING SCIECE FINANCE (MSF |
Dispute concerning alleged unfair dismissal
Recommendation:
Having regard to all the circumstances of this case as detailed by
both parties at the hearing, the Court has concluded that the
claimant's dismissal by the company was fair and reasonable. In
the circumstances the Court does not find grounds to uphold the
Unions claim for compensation for unfair dismissal. Having regard
however to the personal difficulties of the claimant which were a
factor in the developments which led to his dismissal, the Court
recommends that the company pay him an ex-gratia sum of #2000 to
include any statutory entitlements he may have in full and final
settlement of his claim.
Division: Mr Heffernan Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD93154 RECOMMENDATION NO. LCR14214
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: RTV
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
MANUFACTURING SCIECE FINANCE (MSF)
SUBJECT:
1. Dispute concerning alleged unfair dismissal
BACKGROUND:
2. 1. The worker commenced employment with RTV as a
salesperson in November, 1977. After training he was
transferred to Firhouse Shopping Centre where he was
responsible for sales and cash. In 1978, he was promoted to
relief manager and in March, 1980, he was promoted to Manager
and appointed to Crumlin Shopping Centre. In 1990, he was
transferred to Terenure and the workshop there was
amalgamated with that of Crumlin. The Terenure office was
responsible for administering most of the business produced
by RTV's new shop in The Square, Tallaght. In June, 1991,
the worker was transferred to Naas. Between April, 1991 and
August, 1992, the worker received three warnings about his
arrears levels. On the 30th October, 1992, his employment
was terminated.
2. The union referred the matter to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1969 on the
26th February, 1993. The Court investigated the issue on the
24th August, 1993.
LCR14214
UNION'S ARGUMENTS:
3. 1. The worker had a serious domestic problem and the
company were aware of this from June, 1991.
2. The change of computer systems in RTV caused
difficulties in arrears control.
3. The worker was achieving his target in the Naas Shop.
4. Custom and practice in the Company in disciplinary
matters is to suspend or demote but the Company in this
instance dismissed the worker.
COMPANY'S ARGUMENTS:
4. 1. The worker was unable to control his arrear levels at
his various branches.
2. The worker received three warnings regarding his
arrears.
3. The arrears level is one of the major criteria by which
a manager is judged and it was concluded that the worker was
not working on his arrears over the last twelve months.
4. The worker failed to record absences on his salary
variation report.
5. The worker received a number of warning's regarding his
attitude.
RECOMMENDATION:
Having regard to all the circumstances of this case as detailed by
both parties at the hearing, the Court has concluded that the
claimant's dismissal by the company was fair and reasonable. In
the circumstances the Court does not find grounds to uphold the
Unions claim for compensation for unfair dismissal. Having regard
however to the personal difficulties of the claimant which were a
factor in the developments which led to his dismissal, the Court
recommends that the company pay him an ex-gratia sum of #2000 to
include any statutory entitlements he may have in full and final
settlement of his claim.
~
LCR14214
Signed on behalf of the Labour Court
21st October, 1993 Kevin Heffernan
P.O.C./A.L.
____________________________________
Chairman
Note
Enquiries concerning this Recommendation should by addressed to
Mr. Paul O'Connor, Court Secretary.