FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TBC LIMITED T/A THE BLU BAR - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Reduction in working hours and subsequent dismissal.
BACKGROUND:
2. The Worker was employed by the Blu Bar as a Waitress in October, 2006 and was dismissed with a good reference in mid-March, 2007. Shortly after Christmas 2006 the Worker claims her working hours were reduced by Management from 19 hours per week to about 12 hours per week despite the fact that she had worked unsociable flexible hours over the holiday period to suit Management needs. The manner of her dismissal was claimed by the Union to be outside the Code of Practice for Grievance and Disciplinary Procedures (S.I. No.146 of 2000).
The claim could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. The Worker referred his claim to the Labour Court on the 15th January, 2008 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 9th April, 2008.
UNION'S ARGUMENTS:3. 1. When the Worker commenced her employment there was a verbal agreement that she would work 19 hours per week but she was never given a copy of her employment contract.
2. After Christmas 2006 a new member of staff was employed and the Claimant's hours of work were reduced to approximately 12 hours per week.
3. There were never any complaints about her work and yet out of the blue she was told "things were not working out" and without any opportunity of rebuttal or due process she was summarily dismissed.
COMPANY'S ARGUMENTS:
2. In March 2007 the business could not sustain the staffing levels and remain profitable and so the Worker was dismissed. This does not reflect badly on the quality or standard of her work.
RECOMMENDATION:
The Court has considered the submissions of the parties to this case. On the basis of the material before it the Court is satisfied that the Claimant was badly treated by the Company in relation to the matters of which she complained.
In the circumstances of the case the Court believes that the dispute should be resolved by the payment to the Claimant of compensation in the amount of €2,500.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
24th April, 2008______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.