FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PHARVET LIMITED - AND - A WORKER (REPRESENTED BY MATHESON ORMSBY PRENTICE SOLICITORS) DIVISION : Chairman: Employer Member: Worker Member: |
1. Alleged unfair dismissal.
BACKGROUND:
2. The Company is engaged in the veterinary industry. The worker concerned commenced employment as a sales representative on 18th September, 1995. He operated in the Munster region and was supplied with a company car and paid overnight expenses and meal allowances. His employment was terminated with effect from 31st December, 1995.
The worker claimed that he was unfairly dismissed and referred the matter to the Labour Court on 1st July, 1996 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 15th November, 1996. The Company informed the Court that it would not be represented at the hearing.
WORKER'S ARGUMENTS:
3. 1. The worker had an established reputation within the veterinary industry and worked in the Munster region from June, 1992 to August, 1995. He was approached by Pharvet Limited who persuaded him to change jobs.
2. The worker came under immediate pressure from management in relation to sales and received a letter of warning on 27th November, 1995. The targets set were unrealistic and unattainable.
3. The worker was treated unfairly by management. His dismissal caused him considerable shock and embarrassment. He should be compensated for his loss of employment.
4. Prior to his dismissal the worker discovered that the Company had already appointed a replacement sales representative to commence employment in January, 1996.
RECOMMENDATION:
The Court notes that the Company indicated through their legal representative that they considered the Court had no jurisdiction in this matter and that they would not be attending the hearing.
The Court is satisfied that the dispute is correctly before it under Section 20(1) of the Industrial Relations Act, 1969.
Having considered the evidence presented the Court is satisfied that the claimant was unfairly treated and accordingly recommends that he be paid a sum of £2,000 as compensation.
Signed on behalf of the Labour Court
Evelyn Owens
2nd December, 1996______________________
F.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.