FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE LANGUAGE HOUSE - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged Unfair Dismissal.
BACKGROUND:
2. The family run Language House School of English was founded in 1996 in Dublin City centre and is recognised by the Department of Education and Science as an English Language School for the teaching of English as a foreign language. In July 2006 the Worker was initially engaged by the School and became a permanent member of staff after successfully completing her probationary three-month period. In April of 2007 a number of issues were raised regarding the quality and performance of her duties by Management resulting in the postponement of her pay review. The Worker told the Court that she had significantly increased the business of the School by securing a number of new agents, especially in Italy and France, to the extent that new teaching premises had to be acquired to accommodate them. On the 11th April 2007 her work contract was terminated by letter and the Worker feels that she was treated unfairly and is seeking some redress.
On the 12th September 2007 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour hearing took place 7th December, 2007.
The Worker agreed to be bound by the Court's Recommendation.
WORKER'S ARGUMENTS:
3. 1. The amount of business increased during her time with the School as a result of her acquiring new agents.
2. The manner of her dismissal was unfair and unreasonable as she was not given the opportunity to answer the allegations made by Management.
RECOMMENDATION:
The Company chose not to appear at the Court. On the uncontested evidence of the Claimant, it is the view of the Court that her dismissal was wholly procedurally unfair and without any reference to her rights as an employee. She suffered a consequential financial loss, damage to her reputation and stress. The Court finds her dismissal unfair and awards her the sum of €20,000 in compensation.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
7th January, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.