FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BRANDON RESIDENTIAL SERVICES LTD - AND - TWO WORKERS (REPRESENTED BY IMPACT & SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Unwarranted termination of contract.
BACKGROUND:
2. This dispute concerns the Worker's claim that they were unfairly dismissed for alleged gross misconduct. The Workers referred this case to the Labour Court on 19th January, 2012, 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 5th March, 2013. The Employer did not send in a submission and declined to attend the hearing.
UNIONS' ARGUMENTS:
3. 1. The Employer failed to follow its own disciplinary procedures and denied the Workers natural justice.
2. The Employer's decision to dismiss the Workers was disproportionate to the alleged offence.
3.The Workers should be compensated accordingly.
RECOMMENDATION:
The Employer in this case made no submissions to the Court regarding the matters in dispute.
The Court considered the extensive submissions and documentation submitted by the workers involved in this dispute.
On the basis of the information before it the Court finds that, the procedures followed by the employer were flawed, the findings of the investigation, the findings against the workers are not supported by the evidence and the decision to dismiss them is without merit.
Accordingly the Court recommends that the employer pay each of the workers concerned compensation in the sum of €3,000. The Court further recommends that the employer correct the personal record of each of the workers concerned so that all references to improper behaviour or discipline arising out of this incident is removed in its entirety and their good names and characters restored to them.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
2nd May, 2013______________________
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.