FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DTT FUELS LIMITED TRADING AS ECON FUELS - AND - A WORKER (REPRESENTED BY GALLENALLIANCE SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Unfair Dismissal.
BACKGROUND:
2. The Claimant commenced employment on 20th December, 2010 as a filling station assistant with DTT Fuels Ltd trading as Econ Fuels Carrickduff, Bunclody, Co. Wexford and was dismissed on 6th July 2011. The Claimant had an exemplary work record and was never issued with any warnings prior to his dismissal.
On the 19th January 2012 the Worker 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 5th December 2012. The Company was not represented at the Court hearing and did not make any submission.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. The Claimant's dismissal was entirely unfair and we ask the Court to find in his favour and award him compensation that is appropriate in all the circumstances.
RECOMMENDATION:
The Solicitor for the Claimant told the Court that on the evening before the hearing he received a letter from a firm of solicitors acting for the employer seeking to adjourn the case. There was no appearance by or on behalf of the employer at the hearing. The solicitor for the Claimant told the Court that his client wished to proceed with the hearing and he was objecting to the case being adjourned. It was also pointed out that Claimant had brought related complaints before a Rights Commissioner under various statutes and the employer had failed to appear at any of these hearing
The Court proceeded with the hearing.
On the uncontested evidence of the Claimant it is clear that he was dismissed without being afforded any explanation or anything approaching fair procedures. In these circumstances the dismissal was grossly unfair.
The Court recommends that the Claimant be paid compensation in the amount of €10,000.00.
Signed on behalf of the Labour Court
Kevin Duffy
16th January, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.