Labour Court Database __________________________________________________________________________________ File Number: CD9635 Case Number: LCR15101 Section / Act: S20(1) Parties: J. DICKSON & COMPANY LIMITED - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The Court, based on the evidence before it, finds that the
claimant was treated unfairly.
The Court recommends that the Employer pay the claimant a lump sum
of £100 in full and final settlement of her claim.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9635 RECOMMENDATION NO. LCR15101
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
J. DICKSON & COMPANY LIMITED
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The Company is involved in the fruit importation business.
The worker concerned commenced employment with the Company on
the 5th September, 1995. She was dismissed on the 16th
October, 1995. The worker claimed that she was unfairly
dismissed. She sought to refer the dispute to a Rights
Commissioner for investigation and recommendation. The
Company objected to such an investigation. On the 24th
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 4th March, 1996.
WORKER'S ARGUMENTS:
3. 1. The worker concerned was punctual in her attendance,
carried out her duties in a conscientious and efficient
manner and got on well with other workers. During the
period of her employment she received no verbal or
written warnings about the quality of her work or her
attendance. The worker was not informed of the
temporary or probationary nature of the employment, and
was employed on the same conditions and wages as other
employees.
2. The worker was absent on sick leave for a period of
three days and submitted a sick certificate in respect
of this illness. On her return to work the employee was
arbitrarily and unfairly dismissed. She seeks
appropriate compensation.
COMPANY'S ARGUMENTS:
4. 1. The worker was hired by the Company on a trial basis
together with a number of other workers, to deal with
extra demand during the Halloween period.
2. She was reprimanded on a number of occasions in relation
to the quality of her work. Following one of these
reprimands the worker did not report for duty and was
absent for three days. The Company was not notified
during this time of her illness. The Company was under
the impression that she had left the employment.
3. The Company made every effort, without success, to
assist and train the worker. Management took the
decision to dismiss the worker because she was
unsuitable for employment with the Company.
RECOMMENDATION:
The Court, based on the evidence before it, finds that the
claimant was treated unfairly.
The Court recommends that the Employer pay the claimant a lump sum
of £100 in full and final settlement of her claim.
~
Signed on behalf of the Labour Court
13 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.