Labour Court Database __________________________________________________________________________________ File Number: CD94560 Case Number: LCR14908 Section / Act: S20(1) Parties: WELLCARE CLEANERS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Alleged unfair dismissal
Recommendation:
The Court notes the Company did not attend the hearing or submit a
written statement.
Having considered the evidence submitted by the Union and the
further evidence given by the appellant, the Court, has concluded
that she was unfairly dismissed.
The Court recommends that:-
(a) The Company give the claimant a satisfactory reference and
(b) Pay compensation equivalent to four weeks' pay.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94560 RECOMMENDATION NO. LCR14908
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
WELLCARE CLEANERS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Alleged unfair dismissal
BACKGROUND:
The worker concerned commenced employment with Wellcare
Cleaners on 30th November, 1993 as a shop assistant. Her
hours of work were 2.00 p.m. to 6.00 p.m. five days a week.
The worker's employment was terminated on 1st July, 1994.
The worker claimed that she had been unfairly dismissed and
referred the matter to the Labour Court 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 in Castlebar on 12th September, 1995. The Company was
not represented at the hearing.
UNION'S ARGUMENTS:
1. The worker received no complaints from management concerning
her work performance.
2. The worker was flexible and co-operated fully with
management. She carried out her duties in a responsible way
and on a number of occasions worked additional hours at
management's request.
3. Management's statement that the worker was not available for
full-time employment is unacceptable. No discussion
concerning full-time employment took place. The worker has
been unfairly treated by management. Her dismissal has
caused her considerable embarrassment and in the
circumstances she should be compensated for her loss.
RECOMMENDATION:
The Court notes the Company did not attend the hearing or submit a
written statement.
Having considered the evidence submitted by the Union and the
further evidence given by the appellant, the Court, has concluded
that she was unfairly dismissed.
The Court recommends that:-
(a) The Company give the claimant a satisfactory reference and
(b) Pay compensation equivalent to four weeks' pay.
~
Signed on behalf of the Labour Court
25th September, 1995 Evelyn Owens
F.B./A.K. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.