Labour Court Database __________________________________________________________________________________ File Number: CD93434 Case Number: LCR14204 Section / Act: S20(1) Parties: OXLEY, KEARTLAND (WHOLESALE) LIMITED - and - MS L FUSCIARDI |
Dispute concerning alleged unfair dismissal.
Recommendation:
5. Having considered the evidence presented at the hearing the
Court is of the view that there were short-comings in the
claimants work-performance. However, the Court also considers
that there were short-comings in the procedures followed by the
Company in so far as the claimant was not clearly advised of the
seriousness of her situation and that she was in danger of being
dismissed because of the deficiencies in her work. Furthermore
she was not adequately advised on the day of the reasons for her
sacking.
To this extent, the Court finds that the claimants sacking was
unfair. As the Court considers that the employment relationship
between the claimant and the Company has been significantly
damaged by events, the Court does not recommend re-instatement.
The Court does however recommend that the Company pay and the
claimant accept a sum of #400 in full and final settlement of her
claim.
Division: Mr Heffernan Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93434 RECOMMENDATION NO. LCR14204
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1),
INDUSTRIAL RELATIONS ACT, 1969
PARTIES: OXLEY, KEARTLAND (WHOLESALE) LIMITED
and
MS L FUSCIARDI
SUBJECT:
1. Dispute concerning alleged unfair dismissal.
BACKGROUND:
2. 1. The worker commenced employment on the 2nd September,
1992 as an Accounts Clerk and her employment was terminated on
31st May, 1993. During the period of employment the Employer
spoke on a number of occasions to the worker regarding her
work and incorrect entries in the accounts books. The worker
maintains that she was a diligent worker for the period of her
employment.
2. The matter was referred by the worker to the Rights
Commissioner. The employer objected to the Rights
Commissioner hearing the case and the worker referred the
issue under Section 20(1) of the Industrial Relations Act,
1969 to the Labour Court on the 18th July, 1993. The Court
investigated the matter on the 1st September, 1993.
WORKER'S ARGUMENTS:
3. 1. The mistakes made were minor in nature.
2. The worker was not informed of complaints from Customers
or sales representatives.
3. The worker apologised any time she was late for work.
4. After one month in the job management stated that they
were happy with the workers performance.
COMPANY'S ARGUMENTS:
4. 1. Management had to speak on three occasions to the worker
regarding incorrect entries in the accounts books and her
standard of work.
2. The worker's work had to be checked regularly.
3. There was a complaint from a sales representative and a
customer that the worker was unhelpful.
4. The worker's attendance record was unsatisfactory
RECOMMENDATION:
5. Having considered the evidence presented at the hearing the
Court is of the view that there were short-comings in the
claimants work-performance. However, the Court also considers
that there were short-comings in the procedures followed by the
Company in so far as the claimant was not clearly advised of the
seriousness of her situation and that she was in danger of being
dismissed because of the deficiencies in her work. Furthermore
she was not adequately advised on the day of the reasons for her
sacking.
To this extent, the Court finds that the claimants sacking was
unfair. As the Court considers that the employment relationship
between the claimant and the Company has been significantly
damaged by events, the Court does not recommend re-instatement.
The Court does however recommend that the Company pay and the
claimant accept a sum of #400 in full and final settlement of her
claim.
~
Signed on behalf of the Labour Court
Kevin Heffernan
28th September, 1993 ----------------
P O'C/J.C. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR PAUL O'CONNOR, COURT SECRETARY.