FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HOLMAC LIMITED - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR277/00/GF.
BACKGROUND:
2. The Company is located at Kilmacanogue, Co. Wicklow. The worker concerned was employed by the Company as a factory operative from the 20th of September, 1999. He claims he was unfairly dismissed on the 2nd of November, 1999. He worked one week's notice.
The Company states he was not unfairly dismissed as his dismissal was within the three month probationary period. The issue was not resolved and was referred to a Rights Commissioner for investigation. His recommendation issued on the 26th of April, 2000, as follows:
"I have given the evidence careful consideration and I have come to the conclusion it was clear from the beginning that should he fail to meet the requirements, his contract would not be renewed. Therefore, I decide the dismissal was not unfair and I find in favour of the Company."
The worker appealed the Recommendation to the Labour Court, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 11th of July, 2000.
The Company did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. If the worker had a problem with any part of his work he immediately asked his supervisor for advice.
2. He liked working at the factory.
3. He was unfairly dismissed by the employer in an abrupt manner.
DECISION:
The Court finds it regrettable that the Employer failed to attend the hearing so as to respond to the points raised by the worker in support of his appeal.
On the uncontradicted evidence of the worker the Court accepts that the employer acted precipitously in terminating his employment. While the worker was on probation at the time of dismissal this did not relieve the employer of the obligation to act reasonably and fairly in relation to him.
In all the circumstances of this case the Court considers that the worker was unfairly dismissed. It determines that he be paid the sum of £300 in full and final settlement of all claims arising from his dismissal.
The appeal is allowed and the Recommendation of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
17th July, 2000______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.