FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned was employed at the Company's premises in Mullingar from April 2004. He had previously worked there for six weeks in December 2003 and January 2004 over the Christmas period and was re-employed in April 2004. He was recruited to work in the stockroom but spent most of his time on the tills.
Following an incident at the tills on the 23rd August 2004 the worker was requested to go to the Personnel Department and was given two weeks notice of the termination of his employment. The worker requested a further meeting some days later and enquired as to the reason for his dismissal. He was informed that it was on account of his work performance. A three month assessment on the 19th August 2004 had given a positive result. The Company refused to reconsider their decision and the worker's employment ceased on the 5th September 2004.
The issue was referred to the Labour Court on the 9th December, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20th April. 2005.
The Company did not attend the hearing.
UNION'S ARGUMENTS:
3. 1.The Company claimed that the incident of the 23rd August 2004 was part of a training exercise. The worker was not made aware of this training and neither was it held in a controlled environment.
2. Failure to complete a training exercise successfully should lead to further training and not dismissal.
RECOMMENDATION:
The Court regrets that the Company did not attend the hearing and state it's side of the case.
On the uncontradicted submissions of the Union the Court is satisfied that the claimant had completed his probation period and had not been warned as to his work performance before the decision to terminate his employment was taken. In the circumstances the Court finds that the dismissal was unfair.
The Court recommends that the claimant be paid compensation in the amount of €2,000 and that he be furnished with a suitable reference.
Signed on behalf of the Labour Court
Kevin Duffy
26th April, 2005______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.