FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JONS CIVIL ENGINEERING COMPANY LTD (REPRESENTED BY THE CONSTRUCTION INDUSTRY FEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Compensation.
BACKGROUND:
2. The dispute before the Court relates to a worker who claims that he was unfairly dismissed by Jons Civil Engineering Company Limited. The Worker commenced employment with the Company on the 22nd March, 2005 as a dozer driver. His employment was terminated on the 5th May 2005.
The worker referred his claim to the Labour Court on the 23rd December, 2005 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 1st September, 2006
UNION'S ARGUMENTS:
3.1 The Union claims that the worker was never given a reason for his dismissal.
2. The worker was denied proper procedures in effecting his dismissal.
3. The Union claims that the Company ignored representations made by the Union on the workers behalf.
COMPANY'S ARGUMENTS:
4.1 The Company argued that safety on site is of paramount importance. The worker was dismissed because the Company felt that he did not have the competence required to perform the work for which he was employed.
2. The Company claims that the General Foreman on site spoke to the worker on several occasions about his performance. He was transferred from one machine to another. However, his performance did not improve and he repeatedly failed to follow the instructions of his supervisors.
RECOMMENDATION:
It is clear to the Court that there was an absence of procedural fairness in the manner in which the decision to terminate the Claimant's employment was taken. In particular the Claimant did not receive any written warning indicating that his employment was in jeopardy and there is no documentary evidence of any verbal warnings having been formally issued.
In the circumstances the Court is satisfied that the dismissal was procedurally unfair. Having regard to the length of service involved, the Court recommends that the Claimant be paid compensation in the amount of €2,000.
Signed on behalf of the Labour Court
Kevin Duffy
6th September, 2006______________________
JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.