FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NEVILLE'S BAKERY, DUBLIN - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Claim by the worker that he was unfairly dismissed.
BACKGROUND:
2. The worker concerned commenced employment on the 12th January, 1998. He was dismissed on the 21st May, 1998. The worker claimed that his dismissal was unfair and on the 20th July, 1998 referred a complaint to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969., The worker agreed to be bound by the Court's recommendation. A Court hearing was held on the 24th of August, 1998. The Company declined an invitation to attend the hearing, but in a letter to the Court, dated 18th of August, 1998 briefly outlined its reasons for terminating the worker's employment.
WORKER'S ARGUMENTS:
3. 1. On the night of 21st May, 1998 the worker was due to commence his shift at 11.00 p.m. He contacted the Company at approximately 9.00 p.m. and advised that he would not be in until 1.30 a.m. He was informed that this was in order. When he arrived on the premises the worker was told by the Manager to go home. The manager acted in a very aggressive, intimidating manner and eventually, following a heated exchange, the worker was escorted from the premises by security.
2. The worker returned to his job the following Monday and heard nothing from Management about his dismissal. On returning to work the following night the worker was informed by security that his position was being taken over by another worker. He has not been paid for working on the Monday night.
3. The worker has been treated most unfairly and was dismissed in an arbitrary and unjust fashion. He seeks appropriate redress.
RECOMMENDATION:
The Employer did not attend the Court hearing but sent in a one page explanation.
The Court therefore did not have the opportunity to question the Company in relation to its submission or the arguments made by the claimant.
Based on the information before it the Court is satisfied that the dismissal of the claimant was unfair.
The Court recommends that the Company pay the employee the sum of £1,000 as compensation.
Signed on behalf of the Labour Court
Finbarr Flood
3rd September, 1998______________________
T.O'D/U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.