FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LARAGAN DEVELOPMENTS LTD (REPRESENTED BY PENINSULA BUSINESS SERVICES (IRELAND) LTD) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Alleged unfair dismissal.
BACKGROUND:
2. The Company has its headquarters in Roscommon and is involved in the construction industry with Workers on a number of sites around the country. An incident occurred at the Carrickmines site resulting in severe damage to the drive shaft of a teleporter/fork-lift machine, the driver was accused of negligence and dismissed without being afforded his right to an appeal hearing. The Union asked to have the case discussed at a meeting but the Company rejected the request stating that the decision to dismiss the Worker had already been taken.
On the 27th March, 2007, the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th August, 2007.
The Worker agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1. The Worker was unfairly dismissed without the opportunity of an appeal hearing.
2. The Worker suffered a loss of earnings as a result of his dismissal.
COMPANY'S ARGUMENTS:
4. 1. The Worker caused extensive damage to the Company's vehicle through his negligence.
2. He was paid in full including holiday pay in his final pay slip.
RECOMMENDATION:
Having considered the views of the parties expressed in their oral and written submissions, the Court is of the view that the disciplinary procedures adopted by the Company in this case were not carried out in accordance with Code of Practice on Grievance and Disciplinary Procedures S.I. No 146 of 2000. Consequently, the Court recommends that the claimant should be paid compensation in the amount of €5,000 in full and final settlement of his claim.
The Court so recommends
Signed on behalf of the Labour Court
Caroline Jenkinson
19th September, 2007______________________
JF/MC.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.