FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE BREAD SHOP - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker was employed by The Bread Shop, Tallaght, Dublin 24, as a waitress from 7th of October, 1998 until the termination of her employment on the 5th of January, 1999. The dispute concerns a claim by the worker that she was unfairly dismissed. The claim is rejected by the employer. The dispute was referred to the Labour Court on the 11th of February, 1999, in accordance with Section 20 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 4th of May, 1999.
WORKER'S ARGUMENTS:
1. At the time of her dismissal the worker was not in a position to turn up for work as she was hospitalised. A previous absence of a few days arose due to a bereavement in the family (details supplied to the Court).
2. Claims by the employer that the worker was not putting in sufficient effort and that she was a poor time-keeper are rejected. She also denies that her attitude towards customers was not satisfactory.
3. The employer dismissed the worker during the course of a conversation with the worker's mother. At the time the worker was sick in hospital. The worker was given no warning in relation to any shortcomings in her performance.
COMPANY'S ARGUMENTS:
1. The worker was a poor time-keeper, her attitude towards customers was unsatisfactory and she was not prepared to put any effort into learning her job, despite being constantly reminded of what her duties entailed and what was expected of her.
2. The worker was not dismissed because of her absence due to her illness but rather due to a continual build-up of problems.
RECOMMENDATION:
Having considered the submissions of both parties, the Court is satisfied that, while the employer argued that the claimant's performance and attendance were unsatisfactory, her employment was terminated without going through normal disciplinary procedures. The Court, therefore, recommends that the claimant should be compensated for the loss of her employment by the payment of £240.00. This sum should be paid by the employer to the claimant without delay.
The Court notes that the employer has since sought to introduce normal procedures in accordance with legal obligations.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th May, 1999______________________
MK/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.