FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LEIXLIP HOUSE HOTEL - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Alleged unfair dismissal.
BACKGROUND:
2. The issue in dispute concerns a claim of alleged unfair dismissal. The worker concerned was employed as Senior Barman at the Leixlip House Hotel from the 13th of September, 1999. The worker claims that he was dismissed on the 14th of November, 1999, without any explanation or prior warning.
The worker referred a claim of unfair dismissal to the Rights Commissioners' Service for investigation. However, the Company objected to a Rights Commissioner's hearing and the worker referred the claim to the Labour Court on the 7th of May, 2000, in accordance with Section 20(1) of the Industrial Relations Act, 1969. He agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 18th of July, 2000, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1. The worker relocated from Mayo to Kildare to take up employment with the Company. The worker's contract of employment specified a six month trial period and, except for one minor matter, the worker was not aware of any problems with his performance.
2. The worker was dismissed by the Operations Manager without warning or explanation. A Director of the Company who was called on the day acknowledged that he was surprised by the worker's dismissal and was unaware of any problems with the worker's performance. He gave the worker a reference the following day.
3. The worker is claiming £1,000 relocation expenses from Mayo to Kildare, one week's pay in lieu of notice and 18 weeks' outstanding wages amounting to £5,884 which is the balance of wages which he would have earned if he had been employed for six months.
COMPANY'S ARGUMENTS:
4. 1. The Hotel is a four star hotel which maintains high standards of service. The worker concerned was employed to manage the food and beverage service in the bar area. This was specified in his job description. The worker, however, appeared to have a problem serving customers at their tables.
2. The worker's offer of employment was subject to a trial period of six months. After being employed by the Hotel for six weeks a meeting was held with him to discuss a problem with his performance. Although his technical bar service skills were exemplary, he was told that his service skills needed to be improved.
3. The worker's dismissal took place after a complaint from a regular customer about his treatment of the customer. The Operations Manager had discussed the issue with the Hotel Manager and it was agreed to dismiss the worker. He was paid one week's wages and three days' holiday pay which was his total entitlement. The scarcity of employees in the industry and the time and money spent recruiting staff means that the Company does not let staff go lightly. However, in this case, the worker was the architect of his own departure.
RECOMMENDATION:
It is clear to the Court that the claimant did not receive adequate or fair warnings in relation to the factors taken into account by the Employer in arriving at the decision to terminate his employment. In that regard the Court accepts that the claimant was not informed of the nature or the source of the complaint allegedly made to Management by a customer, yet this complaint was a decisive factor leading to his dismissal.
In the Court's view the approach adopted by the Company fell significantly short of the standard to be expected of a reasonable employer. Moreover, the Employer failed to adhere to the provisions of the Code of Practice on Disciplinary Procedures (SI No. 177 of 1996) in investigating this complaint.
Having regard to all of the circumstances the Court is satisfied that the claimant's dismissal was unfair. It recommends that he be paid compensation in the amount of £1,000 in full and final settlement of all claims arising from the dismissal.
Signed on behalf of the Labour Court
Kevin Duffy
20th July, 2000______________________
D.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.