FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ERS COMPUTERS (REPRESENTED BY GALLAGHER, SHATTER, SOLICITORS) - AND - A WORKER DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned was employed by the Company as a junior sales person on the 2nd of February, 1998. His duties included answering telephone calls, generating quotations and telephone sales. On the 4th of February the Managing Director advised the worker not to become personally involved with a female member of staff to whom he had been paying attention. The Company contends that the worker refused to follow the advice and, following a complaint from the female employee concerned, the worker's employment was terminated on the 25th of February, 1998. The worker claims that he was unfairly dismissed and that the Company has refused to give him a reason for his dismissal in writing.
The worker referred his claim of unfair dismissal to the Labour Court in accordance with 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 25th of May, 1998.
WORKER'S ARGUMENTS:
3. 1. The claimant contends that his dismissal was without justification and that the Company has refused on two occasions to provide a written explanation.
2. The worker claims that he was harassed by the Managing Director who, on the second day of his employment, advised him that he may not develop a personal
relationship with a particular member of staff. The worker questions the motivation behind the advice given.
3. The letter of complaint from the female employee implied incorrectly that an intimate relationship had developed between the two workers. Following this letter the claimant was immediately dismissed without notice and was escorted from the premises.
COMPANY'S ARGUMENTS:
4. 1. The Company employs 20 male and 3 female employees. On the 4th of February the Managing Director advised the claimant not to become involved with a fellow employee in order to prevent possible future problems in the working environment.
2. The female employee has been with the Company for approximately two years and is in a long-standing relationship. She does not want anything to do with the worker concerned and has requested that he leave her alone.
3. On the 25th of February, when questioned about the female worker's letter, the claimant became argumentative and abusive. Subsequent to his dismissal he has made abusive and obscene telephone calls to both the female worker and to the Managing Director. He has also written to the female employee.
RECOMMENDATION:
Having considered the evidence presented, the Court has concluded that the manner in which the claimant was dismissed was somewhat unreasonable and, accordingly, awards the claimant a sum equal to a week's wage.
The Court so recommends.
Signed on behalf of the Labour Court
Evelyn Owens
12th June, 1998______________________
D.G./U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.