LCR16770

SUBJECT:
1. Alleged unfair dismissal.


BACKGROUND:

2. The worker's contract was terminated on the 15th of August, 2000, and his employment ended on the 1st of September, 2000. The worker claimed that he was unfairly dismissed. The dispute was referred to the Labour Court on the 29th of January, 2001 under Section 20(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 15th of March, 2001.


EMPLOYER'S ARGUMENTS:

3. 1. The Company acted in accordance with the rules of the club.

2. The worker was properly advised of his right of appeal.

3. The worker was paid up to the 1st of September, 2000.





UNION'S ARGUMENTS:

4. 1. The employer failed to inform the worker of the complaint when he received it.

2. The employer failed to supply the worker with details of the investigation which was conducted.

3. The worker has suffered substantial losses as a result of his contract being terminated.


RECOMMENDATION:

Having regard to all the circumstances of this case the Court considers that sufficient grounds existed to justify the Club's decision to terminate the worker's employment.

The Court is, therefore, satisfied that the dismissal was not unfair and recommends that this be accepted by the worker concerned.



Signed on behalf of the Labour Court



Kevin Duffy
2nd April, 2001______________________
HMCD/CCDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.