Labour Court Database __________________________________________________________________________________ File Number: CD95409 Case Number: LCR14881 Section / Act: S20(1) Parties: OFF THE HEAD HAIR SALON - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
In the absence of the employer who chose not to attend the hearing
the Court must confine itself to the uncontested submission made
by the claimant.
Having considered that submission and the further verbal evidence
given at the hearing the Court has no hesitation in coming to the
conclusion that the claimant was unfairly treated and unfairly
dismissed form her employment.
Having regard to the foregoing and taking into account the period
of employment involved the Court recommends that the claimant be
paid a sum of #500, and be supplied with a satisfactory reference
related to her work during her four weeks employment in the
Company.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95409 RECOMMENDATION NO. LCR14881
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
OFF THE HEAD HAIR SALON
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with the Hair Salon
as a hair stylist on 23rd May, 1995. Her employment was
terminated on 20th June, 1995.
The worker claimed that she was unfairly dismissed and
referred the matter to the Labour Court on 11th July, 1995
under Section 20(1) of the Industrial Relations Act, 1969.
She agreed to be bound by the Court's Recommendation. A
Labour Court hearing took place on 14th August, 1995. The
Company was not represented at the hearing.
WORKER'S ARGUMENTS:
3. 1. During the first two weeks of the worker's employment
she worked with the manager of the Salon. No complaint
was made to her regarding her work.
2. During the last two weeks of the worker's employment the
manager was on holidays. It was a busy period in the
Salon and the worker's takings were good. She worked
hard and was beginning to build up a clientele.
3. When the manager returned from holidays on 20th June,
1995 he informed the worker that he was sacking her.
The worker has been unfairly treated by the manager. He
was unable to substantiate his reasons for dismissing
her and subsequently tried to change the reason for the
worker's dismissal.
4. The worker's dismissal has caused her great
embarrassment and has affected her personal confidence.
She should be compensated for her loss of employment.
DECISION:
In the absence of the employer who chose not to attend the hearing
the Court must confine itself to the uncontested submission made
by the claimant.
Having considered that submission and the further verbal evidence
given at the hearing the Court has no hesitation in coming to the
conclusion that the claimant was unfairly treated and unfairly
dismissed form her employment.
Having regard to the foregoing and taking into account the period
of employment involved the Court recommends that the claimant be
paid a sum of #500, and be supplied with a satisfactory reference
related to her work during her four weeks employment in the
Company.
~
Signed on behalf of the Labour Court
30th August, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.