FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CUSSEN CRANE HIRE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Alleged unfair dismissal.
BACKGROUND:
2. The Worker concerned was employed as a Crane Driver from 18th July, 2004 until 28th January, 2005. He was dismissed following two incidents with the crane. At the time the Worker argued that he had not received any training on the crane.
The Company are contesting the dismissal of the Worker. The Company allege that the Worker came to them some time after the incidents occurred and advised them that he had got alternative employment.
The Worker referred the claim to the Labour Court on the 2nd March, 2007 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 27th November, 2007.
The Worker was not present at the Court to give evidence but was represented by the Union.
UNION'S ARGUMENTS:
3. 1. In effecting the Worker's dismissal the Company completely ignored the Worker's entitlements to fair procedures as outlined by SI 146 of 2000. No attempt was made by the Company to afford the Worker the right of reply, representation or appeal.
COMPANY'S ARGUMENTS:
4. 1. The Company maintains that the Worker was not dismissed but resigned his position and there is no basis for his claim of unfair dismissal.
RECOMMENDATION:
The Union presented a claim before the Court on behalf of a worker seeking compensation for unfair dismissal. The worker was not present at the hearing to give evidence. A solicitor represented the employer and two members of management gave evidence to the Court.
In reaching a conclusion on this case, the Court has considered the submissions of both parties together with the evidence.
The Court was presented with a conflict of evidence on the facts and in the absence of any evidence to substantiate the worker’s claim; the Court finds that he was not unfairly dismissed. Therefore, the worker’s claims fails.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th December, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.