FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SELECTICA HR LIMITED - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Dismissal.
BACKGROUND:
2. This dispute concerns the Worker's claim that he was unfairly dismissed by the Company. The Worker referred this case to the Labour Court on 4th January, 2013, 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 30th May, 2013.
WORKER'S ARGUMENTS:
3. 1. The Worker was unable to attend work for a few days due to his asthma.
2. When the Worker returned to work the Company told him he was dismissed.
3.The Worker was denied fair procedures and natural justice.
COMPANY'S ARGUMENTS:
4. 1. The Worker had an unacceptable level of absence.
2. The Worker failed to cooperate with the Company when it attempted to hold a meeting to discuss his absences.
- 3. The Company had no other option but to dismiss the Worker during his probationary period.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court finds that the Complainant was dismissed without fair procedures. However, on the basis of the evidence before it, the Court finds that he contributed in some measure to his own dismissal.
In all the circumstances of this case the Court recommends that the Respondent pay the Claimant compensation in the sum of €1,500 in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
15th July, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.