Labour Court Database __________________________________________________________________________________ File Number: CD95590 Case Number: LCR14984 Section / Act: S20(1) Parties: BURGER KING (Represented by JOHN J. MURPHY & COMPANY SOLICITORS) - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court having considered all the information presented by the
parties finds that the method of dismissal of the claimant was
unreasonable.
Taking into account all the issues involved the Court recommends
that the Company pay the claimant £250 in full and final
settlement of outstanding industrial relations matters and that a
suitable reference be supplied to the claimant.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95590 RECOMMENDATION NO. LCR14984
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
BURGER KING
(REPRESENTED BY JOHN J. MURPHY & COMPANY SOLICITORS)
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with Burger King
(Waterford) on 6th September, 1994. She was absent on sick
leave from 7th February, 1995. Her employment was terminated
on 12th April, 1995.
There was a difference of opinion between the parties at the
hearing regarding the length of the worker's probationary
period which the employer claims was for six months.
The worker claimed that she was unfairly dismissed and
referred the matter to the Labour Court under Section 20(1)
of the Industrial Relations Act, 1969. A Labour Court
hearing took place in Waterford on 8th November, 1995. The
worker agreed to be bound by the Court's recommendation.
WORKER'S ARGUMENTS:
3. 1. The worker submitted sick certificates to management
during her illness which the Company accepted until 2nd
May, 1995.
2. The worker was informed by management on 7th April, 1995
that her conditions of employment had been changed.
3. The worker sought advice from the Citizens Advice Centre
who advised her to request her conditions of employment.
When the worker sought her conditions of employment on
12th April, 1995 she was furnished with her P45 without
any explanation or letter of cessation.
4. The worker was employed on a three months probationary
period, similar to other workers employed at that time.
She was offered and accepted a full-time supervisory
position on 28th November, 1995.
5. The worker has been treated unfairly by management. the
manner in which her dismissal was carried out caused her
great embarrassment. She should be compensated for her
loss.
COMPANY'S ARGUMENTS:
4. 1. The worker signed the application form which
specifically states "That there is a probationary period
of six months during which my employment may be
terminated without notice and without explanation for
such termination."
2. The Company had no complaints regarding the worker's
job performance and every effort was made to facilitate
her. During her first week of employment she stated
that she no longer wished to work for Burger King as her
hours of employment were not suitable due to family
commitments. These commitments were taken into account
and alternative arrangements in respect of her hours
were made.
3. The worker was informed on 7th April, 1994 that it was
not possible to keep her position open for her and that
alternative arrangements would have to be made.
4. The worker served only five months of her probationary
period. She was unable to indicate a date for her
return to work and management was left with no option
but to terminate her employment.
RECOMMENDATION:
The Court having considered all the information presented by the
parties finds that the method of dismissal of the claimant was
unreasonable.
Taking into account all the issues involved the Court recommends
that the Company pay the claimant £250 in full and final
settlement of outstanding industrial relations matters and that a
suitable reference be supplied to the claimant.
~
Signed on behalf of the Labour Court
1st December, 1995 Finbarr Flood
D.T./F.B Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.