FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FÁS TRAINING CENTRE - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Alleged unfair dismissal.
BACKGROUND:
2. The dispute concerns a worker who was employed on a FAS Jobs Club between 29th July, 2002 and 4th March, 2003. The Jobs Club brings together unemployed workers of all ages who are looking for work. Members of the Jobs Club receive training and support in developing their job seeking skills. The aim of the Jobs Club is to enable participants to plan, actively seek and achieve realistic work opportunities. The Jobs Club participation normally lasts 10 weeks but can be further extended if there is a possibility of further benefit to the participant. FAS States that the claimant was continually reviewed and extended over a period of seven months at which time it was felt he would no longer benefit from the Jobs Club. He was released in March, 2003. On the 27th July 2003 the worker submitted a complaint to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Court hearing was held on the 10th September, 2003.
WORKER'S ARGUMENTS:
3. 1. The worker was employed on a project which he felt was very beneficial and which was generating a lot of work. He wanted to continue with it however Management terminated his course. The worker felt that FAS had unfairly terminated his employment.
COMPANY'S ARGUMENTS:
4. 1. The claimant did not at any time enter into work under a contract of employment with FAS. He was at all times a trainee on a Jobs Club programme, the purpose of which is to attempt to prepare participants for seeking work.
2 The claimant was not a worker as specified in the Industrial Relations Acts 1946 to 2001, and he is not entitled to seek relief under the Acts for alleged unfair dismissal.
3. The worker's release from the Jobs Club was not unfair as he received his full entitlement to participation in the Jobs Club.
RECOMMENDATION:
The Court has considered the submissions of both parties. The claimant was a participant on a job club run by FAS whose aim was to provide unemployed people with facilities and opportunities to enhance their job-hunting skills. He submitted a claim to the Court complaining that FAS had unfairly terminated his employment.
Having considered the position of both sides the Court is satisfied that the claimant was not employed by FAS under a contract of employment and, therefore, was not unfairly dismissed. Accordingly, the Court does not recommend in favour of the claimant's claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd September,2003______________________
todDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.