FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BANTA GLOBAL TURNKEY LIMITED - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Dismissal.
BACKGROUND:
2. The worker was employed by the Company as a Production Manager in November, 1999., The worker claims that he was unfairly dismissed on the 25th of September, 2001. The Company maintained that the employment was terminated by mutual agreement and submitted a copy of the agreement signed by the worker on the 25th of September, 2002, accepting a severance package in full and final settlement of all claims against the Company. The worker maintained that he had signed the agreement under duress and was now pursing a claim of unfair dismissal against the Company. The worker referred the matter to the Labour Court under Section 20(1) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 21st of May, 2002.
The Court advised the parties that before it would consider the substantive claim of unfair dismissal, it would first consider the status of the agreement of the 25th of September, 2002, and depending on the outcome of that decision, the parties may have to be called back for a hearing of the substantive claim.
RECOMMENDATION:
At the outset, the Court indicated to the parties that it would consider a preliminary issue concerning the status of an agreement, signed by the claimant on the 25th of September, 2001, which indicated that the employment was terminated by mutual consent; before proceeding to deal with the substantive claim before the Court - the claim of unfair dismissal.
The claimant complained to the Court that he had been unfairly dismissed. He argued that he had entered into the agreement of the 25th of September, 2001, under duress, and that agreement was, therefore, void and that he had in fact been unfairly dismissed.
The Court is of the view that the claimant's employment had been terminated by mutual agreement, in accordance with the terms of a valid agreement which the appellant had entered into freely and without duress, and under which he benefited from a financial consideration. In reaching this decision, the Court takes account of the fact that the claimant had had the benefit of legal advice.
While, in hindsight, the claimant is not satisfied with the terms of the agreement, the Court is satisfied that the agreement negotiated, and entered into was a mutual agreement to terminate the contract of employment so that there was no dismissal. It was a separate contract, which was entered into willingly, without duress, with the benefit of legal advice and for good consideration.
On the basis of this conclusion, the Court will not proceed to hear the substantive claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th June, 2002______________________
HMCD/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.