Labour Court Database __________________________________________________________________________________ File Number: CD94567 Case Number: LCR14777 Section / Act: S20(1) Parties: PROFESSIONAL CONTRACT CLEANERS - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court, having considered all of the issues raised by the
parties in their oral and written submissions finds that the
Company given all of the circumstances did not act unreasonably.
Accordingly the Court does not find that the claimant was unfairly
dismissed.
Division: Mr McGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94567 RECOMMENDATION NO. LCR14777
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
PROFESSIONAL CONTRACT CLEANERS
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The Company is involved in the contract cleaning industry.
The worker concerned in this case commenced employment with
the Company on 15th February, 1993 as a sales manager. He
was mainly engaged in promoting the Company and securing new
contracts. His employment was terminated on 9th September,
1993. The worker claimed that he had been unfairly dismissed
and referred the matter to the Labour Court for investigation
and recommendation 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
6th February, 1995.
WORKER'S ARGUMENTS:
3. 1. It was the worker's understanding that he was employed
on probation for 6 months and after that period his
employment would be made permanent.
2. Management's explanation for the worker's dismissal is
unacceptable. The worker received no assistance from
management in relation to his job. There was no job
description and no procedures were in place regarding
the acquisition of new business. He was left to seek
the assistance of a fellow colleague regarding the
methods used in pricing new contracts.
3. Management constantly harassed the worker. On one
occasion he was humiliated in the presence of the entire
sales and office staff. The attitude of management
towards the worker affected his morale and his dismissal
has caused him considerable inconvenience.
COMPANY'S ARGUMENTS:
4. 1. The Company was extremely generous to the worker. It
departed from the usual practice of paying a small
salary plus commission and agreed to pay the worker a
salary of #20,000 per annum, plus a Company car. It was
clearly understood by the worker that he was employed as
a sales person and that it was his responsibility to
generate enough new business to cover the cost of his
salary and car expenses.
2. Throughout the period of his employment the claimant
failed to successfully close one deal. Two contracts
which the claimant secured had to be re-negotiated. To
trade on the basis of the claimant's agreement would
have resulted in the Company losing money.
3. The worker constantly refused management's offer of
assistance and blatantly refused to co-operate with
management in relation to work practices.
4. Paragraph 9(a) of the worker's contract of employment
states that he may be dismissed for 'incompetence or
poor work performance' (details supplied).
5. The worker was given ample time and numerous offers of
assistance in an attempt to ensure he was successful. A
sales person who could not sell was a luxury the company
could not afford. In the circumstances the company was
left with no option but to dismiss the worker.
RECOMMENDATION:
The Court, having considered all of the issues raised by the
parties in their oral and written submissions finds that the
Company given all of the circumstances did not act unreasonably.
Accordingly the Court does not find that the claimant was unfairly
dismissed.
~
Signed on behalf of the Labour Court
26th May, 1995 Tom McGrath
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.