FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DROICHEAD ARTS CENTRE LIMITED (REPRESENTED BY SMYTH & SONS, SOLICITORS) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Alleged unfair dismissal & outstanding payments.
BACKGROUND:
2. The worker was appointed as director of the Centre following an open competition. He accepted a contract, commencing with a 6 month trial period starting on the 17th of July, 2000. The worker's complaint is that the Centre sent him a letter dated 21st of December, 2000, giving less than 1 month's notice of termination of employment without due process, either before or after the letter.
The worker is seeking a minimum of 3 months' salary - £6,750 (8,570 Euro) - and that the Board withdraws its letter of 21st December, 2000, in return for a letter of resignation from the worker.
The worker referred his case to the Labour Court on the 11th of July, 2001, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 2nd of October, 2001. The worker agreed to be bound by the Court's recommendation.
WORKER'S ARGUMENTS:
3. 1. The terms of appointment stated that the post would be renewed on 17th of January, 2001, following a 6 month trial period, and would be subject to review after the trial period. The post was actually terminated in December, 2000, and no review took place. The Centre is in breach of its contract.
2. The worker was asked to attend a meeting on the 21st of December, 2000, for an appraisal but only received notice 40 minutes before hand, making it impossible to attend.
3. The worker was given no indication that the Centre had any problems with him as claimed at the hearing.
CENTRE'S ARGUMENTS:
4. 1. The worker was on a fixed- term contract which was reviewable within 6 months from commencement of the contract. The worker was informed within the 6 months that his contract would not be extended.
2. The Centre had been having problems with the worker and does not accept that the decision to dismiss him was wrong, although it admits that the procedures involved were less than satisfactory.
RECOMMENDATION:
The Court notes that the employers have conceded that normal fair procedures were not observed by them in reaching the decision to terminate the claimant's employment. On this basis, the Court is satisfied that the dismissal was unfair. The Court recommends that the employer offer and that the claimant accepts a severance lump sum payment of £8,000 (10,157.90 Euro) in full and final settlement of all outstanding claims against the Centre.
The Court notes that the employer is prepared to withdraw the letter terminating the claimant's employment on the understanding that he submits a letter of resignation with the same effective date. The Court further recommends that this arrangement be implemented.
Signed on behalf of the Labour Court
Kevin Duffy
12th October, 2001______________________
CO'N/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.