FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ALEXON INTERNATIONAL - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Dismissal
BACKGROUND:
2. The Worker was employed on 26th April 2008 on a temporary contract as a sales assistant with the Eastex/Dash/Ann Harvey Concession in the Shaws Department Store in Drogheda. On 21st July the Worker was given a weeks notice due to the downturn in sales and finished on 31st July 2008, however she later learned that her position was filled by another sales assistant shortly after she had left.
On the 18th February, 2009, 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 22nd May, 2009.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. Why should the Worker's contract be terminated only to be replaced a few weeks later by another sales assistant.
2. The fair and reasonable request for a written reference was refused by the Company.
COMPANY'S ARGUMENTS
4. 1. The Worker's contract had already expired when she received her notice, but due to unforeseen circumstances which occurred after the Worker had left it was necessary to engage another sales assistant on a temporary contract.
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2. Due to the fact that Management had learned that the Worker was happy in her new permanent job, it was felt inappropriate to offer her a temporary work contract with the Company.
RECOMMENDATION:
The claim before the Court concerns the disputed termination of employment of the Claimant.
The claimant submitted that following the termination of her employment her post was filled by a new employee.
The employer did not dispute that a new employee filled the claimant’s post in less than three weeks; however, she indicated that the claimant had been on a fixed term contract which terminated in accordance with its terms and with the giving of one week’s notice. The employer also stated a number of extraneous factors occurred around this time, which required the refilling of the post, within a very short period of time.
Having considered the oral and written submissions of both parties, the Court is satisfied that the contract of employment terminated in accordance with its terms however, due to the need to refill the post within a short period of time the Court is of the view that more extensive efforts should have been made to ascertain the claimants availability. Due to the employer’s failure in this regard the Court awards compensation to the claimant.
Therefore, the Court recommends that the employer should pay the claimant €1,000 compensation, in full and final settlement of her claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th June, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.