FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL SELF STORAGE - AND - A WORKER DIVISION : Chairman: Employer Member: Worker Member: |
1. Alleged unfair dismissal.
BACKGROUND:
2. 1. The worker was employed by the Company and assigned as a driver's helper. He was employed for seven months with the Company.
2. It is alleged by the Company that the worker abandoned his place of work on three occasions without permission. The Company claims that his behaviour was totally unacceptable. It must have the full co-operation of all staff in order to run the Company successfully.
3. The worker claims that he was not getting on with one of the drivers and requested management to mediate in the matter. The worker claims that management was not prepared to do this and informed the worker to "sort it out yourself". When the reconciliation failed he was sacked by the Company. The worker claims that his dismissal was unfair.
4. The Company denies that the worker was unfairly dismissed and claims that he was given every opportunity to redeem himself.
5. 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 September,1996 and on the 25th October, 1996 respectively.
WORKER'S ARGUMENTS:
3. 1. The worker should have received two verbal warnings and one written warning before he was dismissed.
2. Management failed to deal with the problem when it was brought to its attention.
3. The worker made every effort to reconcile his differences with his fellow workers but without success.
4. There was never any complaint about his work, punctuality or sick leave in his seven months of employment with the Company.
COMPANY'S ARGUMENTS:
4. 1. During his employment the worker was guilty of unacceptable behaviour.
2. The worker abandoned his post on three occasions without management approval.
3. During his period of employment with the Company the worker failed to perform his duties properly.
4. The worker made his own decision to leave the Company and in the circumstances it is not disposed in having him back.
RECOMMENDATION:
The Court having considered the written and verbal submissions of the parties cannot find grounds to support the allegation of the claimant. Therefore the Court finds that the termination of employment was not unfair.
Signed on behalf of the Labour Court
Finbarr Flood
4th November,, 1996______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.