FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DOLLY HEFFERNAN'S - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Compensation.
BACKGROUND:
2. The Union's case is that the worker was unfairly dismissed from his employment in Dolly Heffernan's Public House. He commenced employment in May 2003 and the Union claims that his employment was terminated on the 18th of January 2004. His gross pay was €530 per week.
On the 16th of January, 2004, the worker was telephoned at home by the General Manager to inform him that he was to transfer to Molly Heffernan's Licensed Premises in Tallaght from the 18th of January, until further notice. The worker stated that transferring to another premises was not part of his terms and conditions of employment. The General Manager informed him that there was no longer a position for him in Dolly Heffernan's and he had no choice but to transfer to Molly Heffernan's. When the worker arrived in Dolly Heffernan's on the 18th of January there was a new member of staff behind the counter. He was instructed not to start work or go behind the bar.
The worker contacted his Union which informed him to report to Dolly Heffernan's on the 20th of January. When he did so he was again instructed not to start work or go behind the bar. The same thing happened the following day. The Union contacted the proprietor of the pub to discuss the situation. He denied that the worker's employment had been terminated.
The worker claims that he was asked to sign a document (details supplied to the Court) regarding his employment and P45 but he refused to sign it.
The employer did not forward a written submission to the Court. A letter from the General Manager states that the worker was aware that he could be moved at any time to another premises. He also stated that the worker was making too many mistakes on the till and that he had not been properly trained. At the Labour Court hearing the employer gave the P45 and a cheque to the worker .
The Union referred that case to the Labour Court on the 21st of February, 2005, in accordance with Section 20 (1) of the Industrial Relations Act ,1969. A Labour Court hearing took place on the 3rd of June, 2005.
UNION'S ARGUMENTS:
3. 1. The worker attended two interviews in May 2003 . Terms in relation to pay and hours of work were discussed but there was no mention of transferring to another premises as being part of the conditions . He was not subsequently made aware of this condition.
- 2. The worker was informed that there was no longer a position for him in Dolly Heffernan's but he then found out that he was being replaced .
3. The worker refused to sign a statement which read "I leave this place of employment of my own accord and have no further entitlement due to me " as the contents were untrue.
4. The employer denied the employee work which clearly breached his contract of employment .
RECOMMENDATION:
The Court considers that the claimant in this case was treated unfairly in the following respects:
- It was not reasonable for the employer to contact the claimant on a Friday evening, outside working hours, and instruct him to relocate to another premises on the following Sunday.
- The employer acted unreasonably in withholding the claimant's P45. In that regard the employer may have been entitled to ask the claimant to sign a document acknowledging receipt of the form. However, what the claimant was asked to sign went beyond a mere acknowledgement of receipt of the P45 and it was not unreasonable for the claimant to refuse to sign that document.
In the circumstances of this case, the Court has come to the view that the circumstances in which the claimant's employment came to an end did amount to constructive dismissal. It recommends that the claimant be paid compensation in the amount of
€2,000 in full and final settlements of the claims before the Court.
Signed on behalf of the Labour Court
Kevin Duffy
8th July, 2005______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.