FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH WAREHOUSING AND TRANSPORT COMPANY LIMITED - AND - A WORKER DIVISION : Chairman: Employer Member: Worker Member: |
1. Alleged unfair dismissal of a worker.
BACKGROUND:
2. The worker concerned commenced employment with the Company on 22nd April, 1996. His employment mainly involved providing back-up services to the courier and was subject to a six months probationary period. The worker's employment was terminated on 21st June, 1996.
The worker claimed that he had been unfairly dismissed and referred the matter to the Labour Court on 9th August, 1996 under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 3rd October, 1996.
WORKER'S ARGUMENTS:
3. 1. Management's claim of a downturn in business is unacceptable.
2. As a result of his dismissal the worker is no longer eligible to return to any of the schemes or courses which are available to the long term unemployed.
3. The worker is concerned that his request to management to fill in details of his employment on a family income supplement form may have been a contributory factor to his dismissal.
4. The termination of the worker's employment caused him considerable hardship and embarrassment.
COMPANY'S ARGUMENTS:
4. 1. The vast majority of the employee's work with the Company involved providing back-up services to the courier. Due to a downturn in the level of this type of work the Company was left with no alternative but to terminate the worker's employment. The work of the existing courier has also decreased.
2. The worker's contract of employment clearly stipulated that his employment would be subject to the standard company six months probationary period. The Company as a gesture of goodwill paid the worker an ex-gratia payment of an additional week's pay.
RECOMMENDATION:
Having considered the submissions, the Court is satisfied that the claimant's dismissal arose from loss of business and was in no way related to his performance. The Court notes that the Company is willing to give the claimant a reference.
Given that the terms of the claimant's employment included a six month probationary period, the Court does not find he was unfairly dismissed.
Signed on behalf of the Labour Court
Evelyn Owens
21st October, 1996______________________
F.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.