FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ATARI EXPO - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Alleged unfair dismissal.
BACKGROUND:
2. The Company has been in operation for over ten years and provides video games, snooker, pool, children's entertainment and live bingo sessions. It employs approximately thirty people. The worker concerned was employed as a security person on the 22nd of November, 1999 and was dismissed on the 21st of June, 2000.
The worker referred a claim of alleged unfair dismissal to the Labour Court on the 28th of September, 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 8th of November, 2000.
WORKER'S ARGUMENTS:
3. 1. The worker was carrying out his duties when a manager used strong language to him and told him that he was sacked.
2. The worker was unfairly dismissed. He did not receive any verbal or written warnings.
COMPANY'S ARGUMENTS:
4. 1. The worker constantly refused to comply with the Company's dress code and was spoken to about his appearance two to three times per week.
2. The worker received several verbal warnings about his appearance, his attitude to other staff and his lack of co-operation. The worker was suspended on the 14th of April, 2000 and his probation (which was originally for six months) was extended for a further three months.
3. Employees are important to the Company and the Company invests time in their training. The Company wished to retain the services of the worker concerned. However, taking into account his record with the company which culminated with an incident on the 21st of June he was dismissed.
RECOMMENDATION:
While the Company may have had reasonable grounds for questioning the claimant's suitability, there were serious procedural deficiencies in the manner in which his employment was terminated. In particular the Court has taken account of the employer's failure to have in place an adequate disciplinary procedure, to provide clear and recorded warnings and the failure to give notice of dismissal.
Having regard to all the circumstances of this case the Court recommends that the employer pay the claimant a severance payment of £500 in full and final settlement of all claims arising from his dismissal.
Signed on behalf of the Labour Court
Kevin Duffy
21st November, 2000______________________
D.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.