FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TIPPERARY HOSTEL LTD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Alleged unfair dismissal.
BACKGROUND:
2. This dispute concerns the Worker's claim that she was unfairly dismissed by the Company. SIPTU, on behalf of the Worker, referred this case to the Labour Court on 27th January, 2010, 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 19th April, 2010.
UNION'S ARGUMENTS:
3. 1. The Worker was not told of any issues the Company had concerning her performance.
2. The Worker was given no reason for her dismissal.
3.The Worker was afforded no appeal of the Company's decision to dismiss her.
COMPANY'S ARGUMENTS:
4. 1. The funding for the Worker's position had ceased.
2. The Company had to terminate the Worker's employment due to this lack of funding.
3.The decision to terminate the Worker's employment had nothing to do with her performance.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case. The Court is satisfied that the Claimant was dismissed without reason and had no access to any procedures to challenge her dismissal. Accordingly the Court upholds the Union’s claim.
The Court recommends that the Tipperary Hostel Ltd, within six weeks of the date of this Recommendation, pay the Claimant the sum of €5,000 in full and final settlement of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th May, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.