FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KNOCKMULDOWNEY RESTAURANTS LTD TRADING AS MARKREE CASTLE HOTEL (REPRESENTED BY MULLANEYS SOLICITORS) - AND - A WORKER (REPRESENTED BY G. GRIMES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged Unfair Dismissal.
BACKGROUND:
2. This dispute concerns the dismissal of the Worker. The Company claims that it terminated the Worker's employment because her personality did not suit its business.
The Worker referred her case to the Labour Court on 12th November, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 29th September, 2009.
WORKER'S ARGUMENTS:
3. 1. No concerns about the Worker's performance, attitude or personality were ever raised with the Worker.
2. The Company denied the Worker the benefit of its own disciplinary procedures.
3.The Company has treated the Worker in a totally unacceptable way and the Worker has suffered considerable financial loss as a result.
COMPANY'S ARGUMENTS:
4. 1. Several issues arose concerning the Worker's attitude and these issues were raised with the Worker during several meetings.
2. There was no improvement in the Worker's attitude.
3.The Worker's employment was terminated because her personality was not suited to the Company's business.
RECOMMENDATION:
The matter before the Court concerns an allegation of unfair dismissal. The Company’s legal representative stated to the Court that the Claimant’s employment was terminated as her personality was no longer suited to the position in the Company’s business.
Having examined the submissions and witness testimony from both sides the Court is satisfied that the process followed by the Company in this case did not comply with the Code of Practice on Grievance and Disciplinary Procedures (S.I. No 146 of 2000) and did not convey management’s view that the Claimant’s employment was in jeopardy at any time prior to its termination.
The Court is therefore further satisfied that the dismissal of the Claimant was both substantively and procedurally unfair.
Consequently, in all the circumstances of this case, the Court recommends that an award of compensation is appropriate and recommends that the Company should pay the sum of €7,500 to the Claimant in full and final settlement of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd October, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.