FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MCDONALDS - AND - A WORKER DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker commenced employment with the Company on the 27th January, 1997 as a trainee manager. On the 17th March, 1997, the worker was promoted to salaried manager and assigned to duties at the Company's new premises in Bray on the 27th March, 1997. The worker claims that he was unfairly dismissed on the 9th April, 1997.
The Company claims that the worker was not able to handle the pressure of the job. The worker was not dismissed but left of his own volition.
The worker refutes the Company's allegations and claims that he was unfairly dismissed. The dispute was referred to the Labour Court by the worker 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 8th April, 1998.
WORKER'S ARGUMENTS:
3. 1. The worker claims that he has been unfairly treated by the Company. He received no written or verbal warnings concerning his work performance.
2. The worker states that the manager of the store harassed him continuously.
3. The worker was happy and contented in his job and had expected to make his career working for this company.
COMPANY'S ARGUMENTS:
4. 1. The worker was on probation. He did not reach the standards as required by the Company.
2. The worker was not dismissed but left of his own accord.
3. The worker was advised to go for further training but he declined to do so.
4. The worker was unable to perform the duties for which he was employed . He found it difficult to handle the pressure associated with the job.
RECOMMENDATION:
Having considered the submissions the Court has concluded that the claimant was not unfairly treated and accordingly does not recommend in favour of the claimant.
Signed on behalf of the Labour Court
Evelyn Owens
17th April, 1998______________________
L.W./S.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.