Labour Court Database __________________________________________________________________________________ File Number: CD95494 Case Number: LCR14961 Section / Act: S20(1) Parties: EVORA MANUFACTURING - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court considered the written and oral submissions made by the
claimant and the oral submission by the employer.
Based on the employer's statement that the Company was going
through a significant downturn in business it would appear that
the claimant was a victim of circumstances beyond his control.
The employer made it clear to the Court that he was satisfied with
the claimant's performance and that the only reason for his
dismissal was the financial state of the business.
However, based on the lead up to the claimant's dismissal and
subsequent events the Court finds that the dismissal was handled
very badly and was not in accordance with the actions of a
reasonable employer.
The Court therefore recommends compensation be paid by the
employer of £500 to the claimant. The Court accepts that the
employer will, as noted in the Court, supply the claimant with a
satisfactory reference indicating that the only reason for his
dismissal was a downturn in business and that his performance
within the Company was satisfactory. A copy of the reference to
be sent to the Court.
Division: Mr Flood Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95494 RECOMMENDATION NO. LCR14961
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
EVORA MANUFACTURING
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The Company is involved in the manufacture and distribution
of safety products. It employs nine workers.
The worker concerned commenced employment with the Company on
10th March, 1995 as a warehouse manager. His employment was
terminated on 26th July, 1995.
The worker claimed that he was unfairly dismissed and that
management's attitude towards him changed after his
employment was made permanent.
The worker referred the matter to the Labour Court on 28th
August, 1995 under Section 20(1) of the Industrial Relations
Act, 1969 and agreed to be bound by the Court's
Recommendation. A Labour Court hearing took place on 19th
October, 1995.
WORKER'S ARGUMENTS:
3. 1. 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.
2. The worker carried out his duties in a conscientious
manner. He is concerned that his dismissal may affect
his employment prospects in the future.
3. The manner in which the worker's dismissal was carried
out caused him great embarrassment and financial
hardship. He should be compensated for the loss of his
employment.
COMPANY'S ARGUMENTS:
4. 1. Management acknowledges that it had no complaints
regarding the claimant's work performance. It was left
with no alternative but to dismiss the worker following
a significant downturn in the business. Three other
workers were dismissed because of the Company's serious
financial position.
2. Management reject the worker's claim that he was treated
unfairly.
RECOMMENDATION:
The Court considered the written and oral submissions made by the
claimant and the oral submission by the employer.
Based on the employer's statement that the Company was going
through a significant downturn in business it would appear that
the claimant was a victim of circumstances beyond his control.
The employer made it clear to the Court that he was satisfied with
the claimant's performance and that the only reason for his
dismissal was the financial state of the business.
However, based on the lead up to the claimant's dismissal and
subsequent events the Court finds that the dismissal was handled
very badly and was not in accordance with the actions of a
reasonable employer.
The Court therefore recommends compensation be paid by the
employer of £500 to the claimant. The Court accepts that the
employer will, as noted in the Court, supply the claimant with a
satisfactory reference indicating that the only reason for his
dismissal was a downturn in business and that his performance
within the Company was satisfactory. A copy of the reference to
be sent to the Court.
~
Signed on behalf of the Labour Court
13th November, 1995 Finbarr Flood
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.