Labour Court Database __________________________________________________________________________________ File Number: CD94637 Case Number: LCR14668 Section / Act: S20(1) Parties: RUSSELL WILL LIMITED - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court having fully considered all of the issues raised by the
parties in their oral and written submissions find that there
were seasonal factors affecting the employment of the claimant.
However in employing him the Company failed to fully make him
aware of the seasonal nature of the work and the likelihood that
he would not be permanently employed.
Accordingly the Court whilst not finding that the claimant was
unfairly dismissed considers he should be paid a lump sum of 1
week's gross pay compensation in full and final settlement of his
dispute and that the Company should provide him with a more
comprehensive reference giving, in particular, details as to the
reason why his employment was terminated (e.g. seasonal nature of
the work).
The Court so recommends.
Division: Mr McGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94637 RECOMMENDATION NO. LCR14668
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
RUSSELL WILL LIMITED
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The Company is involved in the supply of disposable products
to the hotel/restaurant trade. It employs approximately 16
workers.
The worker concerned in this case commenced employment with
the Company on 10th January, 1994, as a warehouse
operative/packer. His employment was terminated on 2nd
September, 1994. The worker claimed that he had been
unfairly dismissed and referred the matter to the Labour
Court under Section 20(1) of the Industrial Relations Act,
1990. The worker agreed to be bound by the Court's
recommendation. A Labour Court hearing took place on 12th
January, 1995.
WORKER'S ARGUMENTS:
3. 1. During the worker's employment management did not advise
him that it had cause for complaint about his work. On
several occasions management had remarked on how well he
had performed his duties.
2. It was the worker's understanding that he was employed
on probation for a period of six months and that after
the probationary period his employment would be made
permanent.
3. The worker was the only witness to an accident
involving a work colleague. Following the accident he
made a statement. Subsequently the attitude of
management towards him changed.
4. The worker has been treated unfairly by management. He
was led to believe that he was progressing well in his
employment. He enjoyed his work and had no problems
getting on with the rest of the staff.
COMPANY'S ARGUMENTS:
4. 1. The worker was employed for a three month probationary
period which was extended verbally. The nature of the
employment was seasonal and his employment was
terminated at the end of the season which runs from
January to September.
2. Management rejects the worker's claim that his dismissal
was related to an accident in which a colleague was
injured.
3. The worker was considered unsuitable for employment on
alterative work in the warehouse.
4. Following the worker's dismissal he used threatening and
abusive behaviour towards management.
RECOMMENDATION:
The Court having fully considered all of the issues raised by the
parties in their oral and written submissions find that there
were seasonal factors affecting the employment of the claimant.
However in employing him the Company failed to fully make him
aware of the seasonal nature of the work and the likelihood that
he would not be permanently employed.
Accordingly the Court whilst not finding that the claimant was
unfairly dismissed considers he should be paid a lump sum of 1
week's gross pay compensation in full and final settlement of his
dispute and that the Company should provide him with a more
comprehensive reference giving, in particular, details as to the
reason why his employment was terminated (e.g. seasonal nature of
the work).
The Court so recommends.
~
Signed on behalf of the Labour Court
31st January, 1995 Tom McGrath
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.