Labour Court Database __________________________________________________________________________________ File Number: CD965 Case Number: LCR15097 Section / Act: S20(1) Parties: INSTITUTE OF EDUCATION (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court considered the written and oral submissions made by the
parties.
While the employer may have had reservations about the claimant's
suitability for this particular post, at no stage was this
conveyed to the claimant and he therefore was given no opportunity
to address any perceived problems.
Taking into account all aspects of this case the Court recommends
that the employer pay to the claimant a sum of £1,000 in full and
final settlement of this case.
Division: Mr Flood Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD965 RECOMMENDATION NO. LCR15097
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
INSTITUTE OF EDUCATION
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with the Institute
of Education as an assistant to the College supervisor on the
9th October, 1995. He was dismissed on the 16th November,
1995. The worker claimed that his dismissal was unfair and
sought to refer the dispute to a Rights Commissioner for
investigation and recommendation. The Employer objected to
such an investigation. On the 8th January, 1996 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 27th February, 1996.
WORKER'S ARGUMENTS:
3. 1. On enquiring as to the reason for his dismissal in
November 1995 the worker was advised by Management that
he was 'over qualified' for the post. This is not a
justifiable reason to dismiss a worker. The Employer
was well aware of the worker's qualifications prior to
offering him employment.
2. The employee concerned enjoyed his work, carried out all
tasks assigned to him in a competent and efficient
manner and had a very good working relationship with
staff and students. He received no written or verbal
warnings at any time.
3. The worker's job specification was very broad and not
specific. The ratio of supervisors to students was
inadequate and the worker is of the opinion that this
factor contributed to his dismissal.
4. The worker feels hurt, humiliated and insulted by his
dismissal which was effected without justification in an
unfair manner.
EMPLOYER'S ARGUMENTS:
4. 1. The worker concerned was employed on a temporary week to
week basis. He had informed the College authorities
that he was shortly going abroad.
2. The worker did not possess the required skills for the
post to which he was appointed. Management was of the
opinion that the skill deficiencies were having a
negative impact on staff and students (details to the
Court).
3. As the temporary contract was not working out as
anticipated, the College formed the opinion that the
worker would never be suitable for employment in the
education field. An Employer has an obligation, at an
early stage, to terminate a temporary contract of
employment where it is obvious that the employee is not
suitable. Where such a situation arises it is in the
best interests of both parties that the temporary
contract is ended as soon as possible.
4. The Employer treated the worker in a fair and
reasonable manner. He was paid his statutory
entitlements.
RECOMMENDATION:
The Court considered the written and oral submissions made by the
parties.
While the employer may have had reservations about the claimant's
suitability for this particular post, at no stage was this
conveyed to the claimant and he therefore was given no opportunity
to address any perceived problems.
Taking into account all aspects of this case the Court recommends
that the employer pay to the claimant a sum of £1,000 in full and
final settlement of this case.
~
Signed on behalf of the Labour Court
12 March, 1996 Finbarr Flood
T.O'D./S.G. ________________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea , Court Secretary.