FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRELAND ROC LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Unfair Dismissal.
BACKGROUND:
2. The Claimant began working for the Company in October 2008 as a Sales Assistant and transferred to the night shift in August of the following year. Shortly after beginning the night shift roster he was summonsed into an office where he was presented with CCTV coverage and asked to explain a sequence of events which were recorded on video tape. As a direct result of this meeting he was dismissed on the grounds of 'gross misconduct' and the Union initiated a claim for Unfair Dismissal claiming that the Company's actions were disproportionate to the offence committed.
On the 18th January, 2011 the Union 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 June, 2011.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. There were no justifiable grounds to dismiss the Claimant. Dismissal in this case was a disproportionate response to what were minor breaches of procedures.
2.A reasonable amount of compensation should be awarded for the gross injustice and loss of income suffered by the Claimant.
COMPANY'S ARGUMENTS:
4. 1. The Claimant was dismissed for failure to follow the company's cash handling procedures and specifically relate to the correct Staff Purchase Procedures.
2. Following an appropriate disciplinary investigation in accordance with the Company's disciplinary procedures the Company had no alternative but to dismiss the Claimant.
RECOMMENDATION:
The Court notes that the Employer decided not to attend the hearing of the case. However, the employer submitted a letter setting out its position on the issues before the Court. The letter was taken into account by the Court in arriving at its recommendation in this case.
Having considered the submissions of both sides the Court finds that while the performance of the Worker fell short of what a reasonable Employer would require of him it did not amount to gross misconduct justifying dismissal.
On this basis the Court recommends that the Employer pay the worker the sum of
€2,500 compensation in full and final settlement of the claim before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
12th July 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.