Labour Court Database __________________________________________________________________________________ File Number: CD94458 Case Number: LCR14616 Section / Act: S20(1) Parties: SCISSORS AND BLADES HAIR SALON - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
Having considered the submission from the parties the Court is of
the view that in the circumstances outlined a reasonable
settlement would be that the Company pay the claimant one week's
wages in lieu of notice.
The Court so recommends.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94458 RECOMMENDATION NO. LCR14616
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
SCISSORS AND BLADES HAIR SALON
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. Scissors and Blades Hair Salon is based in Jurys Hotel. It
caters for clients of the hotel both male and female. The
worker was employed by the Company as a hair stylist on a
temporary trial basis. The Company allege that the worker had
to be spoken to on numerous occasions regarding the quality
of her work and her overall attitude to the job. The Company
terminated the worker's employment after the trial period.
The worker referred the dispute under Section 20(1) of the
Industrial Relations Act, 1969 to the Labour Court and agreed
to be bound by the decision of the Court. The Court
investigated the dispute on 16th November, 1994.
WORKER'S ARGUMENTS:
3. 1. The worker denies the Company claim that her attitude to
clients and to her work in general was below the
standard expected by clients staying in a top class
hotel.
2. The worker is a 3rd year apprentice and was required by
the Company to perform work for which she was not
trained. The worker got no warning or notice from the
Company regarding the quality of her work. The loss of
this employment will make it very difficult for the
worker to obtain other employment and to finish her
apprenticeship.
COMPANY'S ARGUMENTS:
4. 1. The worker was employed on a trial period as she had
been dismissed by her previous employer without
references. Following the trial period, the Company had
no option but to terminate the worker's employment
because her work did not reach the standard required.
2. Management had to speak to the worker on a daily basis
regarding the quality of her work, her manner, and her
attitude to clients. If a complaint had been made to
the hotel management regarding the worker the Company
may have lost its business with the hotel.
RECOMMENDATION:
Having considered the submission from the parties the Court is of
the view that in the circumstances outlined a reasonable
settlement would be that the Company pay the claimant one week's
wages in lieu of notice.
The Court so recommends.
~
Signed on behalf of the Labour Court
1st December, 1994 Evelyn Owens
L.W./M.M. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.