FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GLENNON GROUP LTD T/A EUROSPAR SANTRY - AND - A WORKER (REPRESENTED BY AGEMO) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Alleged Unfair Dismissal
BACKGROUND:
2. The Claimant began her employment with the Company in August 2007. It is her claim that two weeks into her employment she raised concerns about rest breaks, part provision of uniforms and no access to PRSA. When she approached her employer about these issues she claims she was dismissed. The Company did not attend the Labour Court hearing and did not forward a submission.
On the 20th December, 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 11th April, 2008. The Worker agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1 The Claimant was dismissed for seeking advice in respect of employment matters and was denied her statutory entitlements of breaks.
2 The Claimant is entitled to natural justice and fair procedure by way of an appeal hearing from the Company.
RECOMMENDATION:
The Court regrets that the employer failed to attend the hearing or otherwise communicate with the Court in the matter.
On the uncontradicted evidence of the Union the Court is satisfied that the manner of the Claimants dismissal fell short of the standards that may be expected from a reasonable employer.
In the circumstances the Court recommends that the Claimant be paid compensation in the amount of €1,000 in settlement of her claim arising from her dismissal
Signed on behalf of the Labour Court
Kevin Duffy
29th April, 2008______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.