FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ARKLOW COMMUNITY ENTERPRISE LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation R-044929-Ir-06/MMG.
BACKGROUND:
2. The claimant was employed by Arklow Community Enterprises Limited in the role of coordinator of Arklow Community Development Project on a fixed term contract which started on 12th September 2005 and expired on 31st December 2006, there was a 6 month probationary period included in the terms. However, this probationary period was extended at the behest of the Employer and following a number of work assessment meetings his contract was terminated on 4th August, 2006 by letter.
The issue involves a claim by a Worker represented by SIPTU. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 21st March 2007 the Rights Commissioner issued his Recommendation as follows:
"Both parties presented detailed verbal and written submissions to the hearing.
Having carefully considered the evidence as presented I am of the opinion that the claimant has presented a reasonably valid complaint.
It is evident that the claimant was not appraised of any shortcomings or problems with regards to his employment during the first portion of his alleged probationary period, due to end in March 2006. Also during the extended period there was no formal presentation of the requirements necessary to take this matter forward. There was, in my opinion, a very clear breach of procedural matters in relation to how the various committees handled the process of a problem with an employee.
The employee was not afforded his due rights under the natural justice nor his representation or case for appeal. It is to be noted that the extended probationary period, as presented by the employer, was to terminate just some three months prior to the end of the contract in total.
I am of the opinion that the employee has not been treated fairly in this regard and I award him compensation in the sum of €10,000".
On the 30th April 2007 IBEC representing the Arklow Community Enterprise Limited appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 29th August, 2007.
UNION'S ARGUMENTS:
3. 1. At no point during any of the many review meetings was the Worker made aware of any issues regarding the quality of his work. No written warnings were ever issued.
2. Had the Worker been advised by the Board he could have redirected his efforts in the required direction and prioritised suggested goals.
3. The Company's timing in terminating the Worker's contract of employment was deliberate so as to avoid a claim being taken under the Unfair Dismissals Act,1977-2001.
COMPANY'S ARGUMENTS:
4. 1. The Worker's contract was terminated in accordance with his contract of employment.
2. Regular meetings were held and the Worker was made aware that there were concerns regarding his work performance.
3. The dismissal of the Worker was fair as it was carried out in accordance with the probationary clause of the contract of employment.
DECISION:
The Court having considered all aspects of the case as outlined by the parties, upholds the Recommendation of the Right's Commissioner.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
8th October 2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.