FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : G.H. LETT & CO (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Alleged unfair dismissal.
BACKGROUND:
2. The Union is in dispute with the Company following the dismissal of one of its members. The worker commenced employment in March, 2000 and his employment was terminated in September, 2000. The Union claims that this was contrary to the provisions of the "Back to Work Scheme" which provides for employment based on a twelve month period.
Management rejects the Union's claim and states the claimant's employment was terminated in accordance with the terms of his contract of employment.
The Union referred the dispute to the Court under Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. The Court investigated the dispute on the 15th May, 2001.
UNION'S ARGUMENTS:
3. 1. The worker's employment was terminated contrary to the provisions of the "Back to Work Scheme".
2. The claimant's employment was for twelve months. However, his employment was terminated within this period which makes his dismissal unfair.
3. The worker is seeking compensation for breach of his contract of employment.
COMPANY'S ARGUMENTS:
4. 1. The worker's employment was temporary. It was terminated in accordance with the terms of his contract of employment.
2. The claimant withheld important information about his health at the time of his recruitment.
3. The worker was not in a position to continue on the basis of information he gave the Company regarding his fitness for work.
RECOMMENDATION:
The Court is satisfied that the signing of the "Back to Work Scheme" claim form that clearly stated an employment period of 12 months, created responsibilities and conditions that were required to be met by the employer.
The Court, therefore, recommends that the employer pay the claimant £3,000 in compensation in full and final settlement of his claim.
Signed on behalf of the Labour Court
Finbarr Flood
24th May, 2001______________________
LW/LWChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.