FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE GRAFTON SUITE LIMITED - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Various issues
BACKGROUND:
2. The Claimant applied for a job which was listed on a website and was later granted an interview for a position at a Business and Research Centre based on Grafton Street in Dublin. What transpired during the interview has led to a dispute as to whether or not he was in fact hired as an employee of the Company or just offered the opportunity to be observed by Management purely on a trial basis while actually doing the job in question.
On the 12th May, 2008 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 15th July, 2008.
The Worker agreed to be bound by the Court's Recommendation.
WORKER'S ARGUMENTS:
3. 1. No written contract was supplied by the Company which is required under the Terms of Employment (Information) Act, 1994, when he was offered the job.
2. There was no investigation nor disciplinary procedures, no notice in writing prior to dismissal all of which are a breach of Employment Legislation.
3. The Worker did not receive any pay slip nor P45 form which resulted in him having some difficulties in accessing Unemployment Benefit Payments.
COMPANY'S ARGUMENTS:
4. 1. During the job interview the Claimant was made aware that he was to be given a trial in the role of Facility Coordinator to see if he was suitable for the position.
2. Both the Facility Manager and her assistant concurred that the Claimant was not a suitable candidate for the job. The following day the Claimant was informed of the situation and that he could collect a cheque in lieu of any expenses incurred. The Claimant was never employed by the Company.
RECOMMENDATION:
The Court accepts that the Claimant was taken on for what was effectively a trial period in order to assess his suitability for employment. He had not taken up employment with the Company in the conventional sense.
Having regard to all the circumstances of the case the Court does not recommend concessions of the Claimant's claims for compensation.
Signed on behalf of the Labour Court
Kevin Duffy
21st July, 2008______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.