FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HELENA PATTERSON T/A KILKENNY CR�CHE & MONTESSORI SCHOOL - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation No: r-096304-ir-10/JC
BACKGROUND:
2. This case concerns a dispute between the worker and her former employer in relation to alleged unfair dismissal. The employer runs a Creche and Montessori School. The worker was employed as a Montessori Teacher from September, 2009 until June, 2010. The worker contends that she was dismissed unfairly and that her employer had made the decision to dismiss her without affording her the opportunity to respond to the alleged difficulties raised in relation to her performance at work. The employer's position is that the worker was well aware of the difficulties and was given ample opportunity to respond. The employer further contends that the worker's employment was terminated fairly and only after many incidences of failing to follow reasonable instructions.
The dispute was referred to a Rights Commissioner for investigation. Her Recommendation issued on the 9th March, 2011 and found that the employer had not followed fair procedure in termination the worker's employment and failed to allow an appeal of the termination. The Rights Commissioner also found that the worker's refusal to carry out instructions for which no guidelines existed suggesting that such duties should not be carried out was unreasonable. In all the circumstances the Rights Commissioner awarded compensation in the amount of €1,000 in full and final settlement of the matter.
On the 30th March 2011, the employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 9th May, 2012.
WORKER'S ARGUMENTS:
3 1 The decision to dismiss the worker was made before any meetings took place in relation to the issues in dispute. In such circumstances where there was no opportunity to respond to the allegations made and no subsequent opportunity to appeal the termination of employment, the dismissal is fundamentally unfair.
2 There were certain instructions issued by management that were not reasonable. As a childcare professional, the worker was not satisfied that management accepted her concerns in relation to requests made to her in the course of her duties.
COMPANY'S ARGUMENTS:
4 1 The worker was repeatedly spoken to by management in relation to her performance. In addition to issues raised directly by management there were also complaints from parents in relation to the worker's attitude to the children and comments made directly to the parents in respect of the children's behaviour.
2 All instructions issued to the worker were appropriate and necessary considering that she was responsible for the children's health and well-being while she was caring for them. The worker was never instructed to carry out any tasks that could be deemed unreasonable.
DECISION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court finds that the procedures in place and applied in this case were deficient and on this basis upholds the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
22nd June 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.