Labour Court Database __________________________________________________________________________________ File Number: CD95570 Case Number: LCR14996 Section / Act: S20(1) Parties: THE LIFFEY BAR - and - MR ANTHONY DAVIS |
Alleged unfair dismissal.
Recommendation:
Having considered the submission made by the claimant, which was
uncontradicted due to the decision by the employer not to attend
the hearing, the Court has concluded that he was unfairly
dismissed from his employment.
Taking all of the circumstances of the case into account, the
Court recommends that the claimant be paid the sum of £800 by the
employer in settlement of his claim and that he be supplied with a
reference.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD95570 RECOMMENDATION NO. LCR14996
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: THE LIFFEY BAR
AND
MR ANTHONY DAVIS
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker commenced employment with the Company in
mid-September, 1994, as an apprentice barperson. In July, 1995,
after approximately 10 months' employment, he was dismissed. He
claims that he was given no reason for his dismissal and never
received any warnings about any aspect of his work. He raised the
issue with the Labour Court on 29th September, 1994. The Company
was invited to a Labour Court investigation into the matter under
Section 20(1) of the Industrial Relations Act, 1969, but declined
to attend. The Court carried out its investigation on the 20th of
November, 1995.
WORKER'S ARGUMENTS:
1. On the 13th April, 1995, the worker was informed that
his trial period was over, that he was performing
satisfactorily, that he would be employed on a
permanent basis and that his salary was to be increased
to the 2nd year level. He was also advised that he was
to be responsible for the upstairs bar on Monday
evenings.
2. At all times he was punctual, clean, honest, reliable
and willing to perform any task asked of him.
3. At no stage did the worker receive any warnings,
verbal or written, from his employer.
4. He was never the subject of any form of complaint from
either his colleagues or from the public.
5. In August, 1995, when he visited the premises it
appeared that a new apprentice barperson had been
employed by the Company.
RECOMMENDATION:
Having considered the submission made by the claimant, which was
uncontradicted due to the decision by the employer not to attend
the hearing, the Court has concluded that he was unfairly
dismissed from his employment.
Taking all of the circumstances of the case into account, the
Court recommends that the claimant be paid the sum of £800 by the
employer in settlement of his claim and that he be supplied with a
reference.
~
Signed on behalf of the Labour Court
4th December, 1995 Evelyn Owens
M.K./U.S. --------------
Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR MICHAEL KEEGAN, COURT SECRETARY.