FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THOMOND LODGE NURSING HOME - AND - A WORKER (REPRESENTED BY ALAN MITCHELL & CO. SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Summarily and wrongful dismissal
BACKGROUND:
2. The issue before the Court concerns a claim by the Worker that she was summarily and wrongfully dismissed. The Worker was employed as a Carer by the Company from May, 2008 until her dismissal in February, 2009. Following her attending to one of the residents on the 10th February, 2009 the Worker was called into the office by the Director of Care. It was put to the worker that a complaint had been made against her regarding her treatment of a resident by two other Carers. A written statement had been submitted by the two Carers but the Worker concerned was not given the opportunity to read it. The owner of the Company was also present at this meeting. The worker was informed he was there as an independent party. The Worker denies the alleged treatment of a resident of which she is accused. No investigation was made by the Company into the allegations.
On the 7th May, 2010, the worker submitted her complaint in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 30th November, 2010. The Company did not attend the hearing and no submission was received on its behalf.
UNION'S ARGUMENTS:
3. 1 The Worker denies treating any resident in an unfit manner. She was denied any representation before being dismissed by the Employer. She was not made aware of her right of appeal as part of the Company's disciplinary procedures.
2 The Worker never recieved a staff handbook or any documents relating to the grievance procedures and was not aware of it until her solicitor recieved a copy from the Company. Since her dismissal each staff member has been given a copy of the staff handbook and signed for it.
RECOMMENDATION:
The matter before the Court concerns a claim that the worker was summarily and wrongfully dismissed by her employer on 10th February 2009.
The employer failed to attend the Labour Court hearing of this matter and presented no statement to the Court.
Having considered the written and oral submissions of the Claimant, the Court finds that there was an absence by the employer of adherence to proper disciplinary procedures, the circumstances of the dismissal were pre-emptory, there was no investigation carried out and the claimant was not offered any representation before the employer dismissed her. In all these circumstances, the Court finds that she was unfairly dismissed and recommends that the employer should pay her compensation to the value of €5000.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th December, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.