FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CASTLEMANOR NURSING HOME (REPRESENTED BY EIRINN MCKIERNAN & CO. SOLICITORS) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged Unfair Dismissal.
BACKGROUND:
2. This dispute concerns the Worker's dismissal from her employment with Castlemanor Nursing Home on 18th December, 2008. The Union referred this case on behalf of the Worker to the Labour Court on 25th August, 2009, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Recommendation of the Court. A Labour Court hearing took place on 29th October, 2009. The Employer failed to attend the Labour Court hearing.
UNION'S ARGUMENTS:
3. 1. The Worker experienced no difficulty with the Employer until October 2008, when she queried the non-payment of holiday pay.
2. Various allegations of misconduct were then made against the Worker but the Employer failed to investigate them in accordance with best practice or natural justice.
3.The Worker was unfairly dismissed and has suffered significant financial loss.
RECOMMENDATION:
The Court finds it regrettable that the Employer declined to attend the hearing of this case or to otherwise communicate with the Court so as to present its version of the events giving rise to the Claimant's case.
It is clear that the Claimant was the subject of serious complaints concerning her performance and treatment of patients in her care. However, on the uncontested evidence before the Court, she was denied any form of fair procedures in the investigation of those complaints prior to the decision being taken to terminate her employment.
In these circumstances the Court is satisfied that the manner in which the Claimant was treated by the Employer fell short of the normal standard of fairness which could be expected of a reasonable employer and that, in consequence, the dismissal was unfair. The Court recommends that the Claimant be paid compensation in the amount of €5,000 in full and final settlement of her claim.
Signed on behalf of the Labour Court
Kevin Duffy
18th November, 2009______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.