FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UNLIMITED FRAGRANCES LIMITED TRADING AS THE YANKEE STORE - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Unfair dismissal
BACKGROUND:
2. This case concerns a dispute between the Company and the worker in relation to a claim of unfair dismissal. The worker claims that she was summarily dismissed as a result of submitting a complaint concerning her correct entitlements under the Organisation of Working Time Act, 1997. Management contends that the worker was dismissed for a number of performance and interpersonal difficulties that occurred during her employment. The worker does not accept that any issues were raised with her. The worker referred the matter to the Labour Court 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 24th January 2013.
WORKER'S ARGUMENTS:
3 1 There were no issues raised formally by the employer in relation to the worker's alleged difficulties. If there were alleged interpersonal/performance related issues they should have been brought to the worker's attention and dealt with in the appropriate way.
2 It is not accepted that the worker's employment ceased as a result of these alleged difficulties. It is the worker's strong contention that the dismissal occurred shortly after a complaint in relation to other employment rights was initiated.
COMPANY'S ARGUMENTS:
4 1 The worker was dismissed as a result of several performance issues as well as interpersonal difficulties with both colleagues and fellow customers.
2 The initiation of the employment rights complaint did not influence the decision to dismiss the worker. Given the difficulties that were raised in relation to the worker's attitude and performance, there was no option but to dismiss the worker.
RECOMMENDATION:
The Court has given careful consideration to both the written and oral submissions of the parties. The Claimant was notified by text that her employment was terminated on 27thSeptember 2012 without having given her any prior warning that her employment was in jeopardy and following shortly after she had submitted a complaint under the Organisation of Working Time Act, 1997.
In such circumstances the Court finds that the Claimant was dismissed in contravention of the normal standards of procedural fairness that are to be expected from an employer and she was not afforded fair procedures in accordance with the terms of the Code of Practice on Grievance and Disciplinary Procedures S.I. No. 146 of 2000.
The Court finds that the dismissal of the Claimant was unfair on procedural grounds and in all the circumstances awards her compensation in the amount of €5,000.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th February 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.