Labour Court Database __________________________________________________________________________________ File Number: CD9659 Case Number: LCR15125 Section / Act: S20(1) Parties: CENTRE PHARMACY - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court, having considered the views expressed by the employee
in her oral and written submission, and the correspondence
supplied by the employer who did not attend the Court hearing,
finds:-
(1) That the employee was unfairly dismissed.
(2) That her dismissal was effected in a manner which was
contrary to good industrial relations practice and to what
would have been expected of any reasonable employer.
It is the view of the Court that, in the circumstances of the
above, the claimant should be paid a lump sum of £500 in full and
final settlement of this case.
The employer should provide her with a reference.
The Court so recommends.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9659 RECOMMENDATION NO. LCR15125
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
CENTRE PHARMACY
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker was employed by the Company from 8th September,
1995 to 1st December, 1995 at the Kimmage branch, but also
covered for staff shortages at the Finglas branch. She was
employed on a part-time basis as a shop assistant with
experience in pharmacy, cosmetics and beauty salon work.
The worker claims that she received a telephone call on 1st
December, 1995 from her employer who, during the course of
the telephone conversation, dismissed her. She was given no
reason for her dismissal and had received no written or
verbal warnings on any issue.
The worker referred her claim for unfair dismissal to the
Labour Court in accordance with Section 20(1) of the
Industrial Relations Act, 1969 and agreed to be bound by the
Court's recommendation. The Company declined an invitation
to attend the Labour Court hearing, but submitted a written
submission which was considered by the Court. The Labour
Court hearing took place on 21st March, 1996.
WORKER'S ARGUMENTS:
3. 1. The worker had 15 years experience in the pharmacy
business, including 8 years in her previous employment,
which unfortunately closed down. She declined an offer
of employment with a similar company as the Company
concerned offered her a more challenging role.
2. The worker developed a very good relationship with staff
and customers alike, and was agreeable to frequently
change her working hours at short notice, at the
Company's request.
3. On her doctor's advice, the worker's husband notified
the Company on 30th November, 1995 that she would be
unable to work on 1st December, 1995 due to a heavy flu.
On 1st December, 1995 she received a telephone call from
her employer informing her that she was being dismissed.
4. The worker's dismissal was a total surprise to her as
she believed that she was doing well in her job, her
sales record was excellent and she received no criticism
regarding any aspect of her performance. To date, she
has not received any explanation for her dismissal.
RECOMMENDATION:
The Court, having considered the views expressed by the employee
in her oral and written submission, and the correspondence
supplied by the employer who did not attend the Court hearing,
finds:-
(1) That the employee was unfairly dismissed.
(2) That her dismissal was effected in a manner which was
contrary to good industrial relations practice and to what
would have been expected of any reasonable employer.
It is the view of the Court that, in the circumstances of the
above, the claimant should be paid a lump sum of £500 in full and
final settlement of this case.
The employer should provide her with a reference.
The Court so recommends.
~
Signed on behalf of the Labour Court
1st April, 1996 ____________________________________
D.G./D.T. Tom McGrath
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.