FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AONTEC TEORANTA - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Unfair Dismissal.
BACKGROUND:
2. The case concerns the dismissal of a Production Operator and her allegation that no fair selection procedure or process was followed by Management prior to her dismissal/redundancy.
On the 27th 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 Court Hearing took place on the 12th December, 2007.
The Worker agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3.1. Additional Employees were hired after the Worker's start date, therefore the Company's own 'last in first out' principle was not applied in this case.
2. During her time with the Company, the Worker was a hardworking and diligent employee and never incurred any warnings or disciplinary sanctions of any kind. She was offered no explanation as to why she was singled-out for dismissal.
COMPANY'S ARGUMENTS:
4. 1. The Worker had less than the minimum 12 months employment required to be eligible in order to make a claim under Section 2(1)(a) of the Unfair Dismissals Act,1997 as amended.
2. The Worker was issued with the required one week's notice or one week's wages in lieu of notice and was informed in writing that she was made redundant due to a reduction in the output demands of the Company.
RECOMMENDATION:
It is accepted that the dismissal in dispute was by reason of redundancy. It is, however, clear to the Court that the employer failed to follow fair procedures in deciding which employees should be retained and which should be let go. In particular the employer failed to allow the Claimant any opportunity to make representations on her own behalf as to why she should be retained in preference to more junior employees. This rendered the selection unfair.
The Court recommends that the Claimant be paid compensation in the amount of €5,000 in full and final settlement of all claims arising from her dismissal.
Signed on behalf of the Labour Court
Kevin Duffy
7th. January, 2007.______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.