Labour Court Database __________________________________________________________________________________ File Number: CD94585 Case Number: LCR14650 Section / Act: S20(1) Parties: READ NEWSAGENTS - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
Having considered the submission from the parties the Court is
satisfied that the claimant was treated in a very unfair manner
and accordingly the Court recommends that she be paid a sum of
#120 in addition to the sum already paid to her.
The Court notes with some concern that this employer had not
complied with the relevant act in not furnishing the claimant with
a letter of appointment which stated the terms and conditions of
her appointment.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94585 RECOMMENDATION NO. LCR14650
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
READ NEWSAGENTS
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with Read
Newsagents at 10.00 a.m. on 23rd August, 1994 as a general
sales assistant in the confectionery department of the store.
At 6.30 p.m. she was informed by management that she was
unsuitable for the position and that her employment was
terminated. She was paid #25 for the days work.
The worker claimed that she had been unfairly dismissed and
referred the dispute to the Labour Court on 1st November,
1994 in accordance with Section 20(i) of the Industrial
Relations Act, 1969. The worker agreed to be bound by the
Court's recommendation. A Labour Court hearing took place on
14th December, 1994.
WORKER'S ARGUMENTS:
3. 1. The worker was interviewed on two occasions by
management prior to her appointment. Management were
informed that she was currently employed as a sales
assistant. The worker resigned from that employment to
take up her position with Read Newsagents.
2. At no time during the course of 23rd August, 1994 did
the worker give management any cause for complaint. She
was friendly and courteous at all times to customers.
The worker has been treated unfairly by management. She
received no explanation as to why she was dismissed.
COMPANY'S ARGUMENTS:
4. 1. Management was not informed that the worker was in the
employment of Marathon Sports.
2. She was unfriendly towards customers and indicated to a
member of staff that she had no intention of remaining
in the position.
3. The worker was unsuitable for the position. She
appeared disinterested and unwilling to learn the skills
required for the position.
RECOMMENDATION:
Having considered the submission from the parties the Court is
satisfied that the claimant was treated in a very unfair manner
and accordingly the Court recommends that she be paid a sum of
#120 in addition to the sum already paid to her.
The Court notes with some concern that this employer had not
complied with the relevant act in not furnishing the claimant with
a letter of appointment which stated the terms and conditions of
her appointment.
~
Signed on behalf of the Labour Court
23rd December, 1994 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.