FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PHELAN VINTNERS LTD T/A THE RISING SUN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Dismissal without valid reason and no appeal allowed.
BACKGROUND:
2. This case concerns a worker who was allegedly dismissed unfairly while in the employment of Phelans Vintners Ltd Trading As the Rising Sun. Management's position is that while in the Employment of the Company for two weeks and while on probation, the worker repeatedly behaved in a manner that was not conducive to remaining in its employment.
The Union's position is that the worker was dismissed unfairly as he was not given an opportunity to respond to comments made about him to Management. The Union further contends that the Company had already decided to dismiss the worker prior to discussing his alleged inappropriate behaviour and that this effectively denied the worker natural justice.
On the 22nd December, 2008, the Union (on behalf of the worker) submitted a complaint to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969. The worker agrees to be bound by the Court's Recommendation.
A Labour Court hearing took place on 20th March, 2009. The following is the Court's Recommendation:
RECOMMENDATION:
In the Court’s view the Claimant was entitled to know the nature and gravity of the complaints against him and that hose issues were putting his future employment at risk. He should also have been provided with an opportunity to address those issues before any final decision was taken to terminate his employment. This in the Court’s view is a requirement of basic fairness and good employment practice.
The Court accepts that the Claimant was not provided with such an opportunity.
In these circumstances the dismissal was procedurally unfair. The Court recommends that the employer offer and the Claimant accept compensation in the amount of €2,000 in full and final settlement of the dispute.
Signed on behalf of the Labour Court
Kevin Duffy
25th May 2009______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.