FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AISHLING HOTEL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Dismissal.
BACKGROUND:
2. The worker commenced employment at the Hotel on the 19th of April, 2001, on a part-time basis as a car park attendant. Within a short period of time, a full-time position became available for a night porter. The worker was offered this post subject to a three month probationary period.
During the weeks which followed, a number of issues arose. The worker brought these issues to the attention of management and resigned from the position on the 12th of May, 2001.
The worker referred the case to the Labour Court on the 10th of December, 2001, under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th of April, 2002.
WORKERS ARGUMENTS:
3. 1. The employer refused to listen to the worker regarding the issues which arose.
COMPANY'S ARGUMENTS:
4. 1. The worker was not dismissed, he resigned.
2. The worker did not pursue the dispute through the Hotel's grievance procedures.
RECOMMENDATION:
Having considered the submissions of both parties, the Court does not consider that the circumstances in which the claimant's employment came to an end amounted to a constructive dismissal.
The Court is satisfied that the claimant resigned from his employment and this should be accepted by all parties.
Signed on behalf of the Labour Court
Kevin Duffy
29th April, 2002______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.