Labour Court Database __________________________________________________________________________________ File Number: CD94723 Case Number: LCR14904 Section / Act: S20(1) Parties: JOELS RESTAURANT - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court finds that the employee in this case was unfairly
treated by the employer in the manner in which he was dismissed.
Accordingly it is the recommendation of the Court that he be paid
the sum of #100 by way of compensation.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94723 RECOMMENDATION NO. LCR14904
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
JOELS RESTAURANT
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with the company as
a night porter/cleaner in January, 1993. He was dismissed in
November, 1993. The worker claimed that his dismissal was
unfair and sought to refer the dispute to a Rights
Commissioner for investigation and recommendation. The
Company objected to such an investigation. In December,
1994, the worker referred the dispute to the Labour Court
under Section 20(1) of the Industrial Relations Act, 1969 and
agreed to be bound by the Court's recommendation. The Court
investigated the dispute on the 21st March, 1995. At the
hearing the Court sought further information from the Company
in relation to the worker's weekly wages, hours of work and
conditions of employment, as there was an absence of detail
from the employer and the establishment was covered by the
Joint Labour Committee for the Catering Industry. This
information was provided to the Court following an inspection
of the Company's records by an inspector of the Department of
Enterprise and Employment in June, 1995.
WORKER'S ARGUMENTS:
3. 1. The employee concerned was requested by management to do
extra overtime on night shift. He agreed to do so for a
few days but when he requested payment this was not
forthcoming. Having worked the extra hours he did not
receive payment. Another worker in the employment was
paid for extra hours worked. Other porters on day work
got a pay rise. The worker concerned did not receive an
increase in pay.
2. On one occasion the employee concerned failed to report
for duty as he overslept. He was subsequently on sick
leave for a few days but submitted a sick note. When he
returned to his duties he was arbitrarily dismissed. He
was treated in an unfair and unjust manner and is
seeking compensation.
COMPANY'S ARGUMENTS:
4. 1. During the period of his employment the worker proved to
be totally unsuitable for the position of night
porter/cleaner. He could not be relied upon to attend
for duty as required. The Company had no option but to
dismiss the worker. He was paid his statutory
entitlements. (Details supplied to the Court).
RECOMMENDATION:
The Court finds that the employee in this case was unfairly
treated by the employer in the manner in which he was dismissed.
Accordingly it is the recommendation of the Court that he be paid
the sum of #100 by way of compensation.
~
Signed on behalf of the Labour Court
3rd October, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.