LCR20619

SUBJECT:
1. Various Issues


BACKGROUND:

2. This case concerns a dispute between the worker and his former employer in relation to disciplinary matters and dismissal. The worker was in the employment of the Respondent as a car park attendant and claims to have been dismissed unfairly during his probationary period. Management contend that it acted reasonably and that the worker was dismissed because his performance did not meet the required standard.

On the 4th July 2013 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 the 12th September 2013

WORKER'S ARGUMENT:

3 The worker was unfairly dismissed. In the course of his employment errors did occur but were not repeated once the appropriate assistance and
training was provided. Meetings that took place were disciplinary in nature yet the worker was not afforded the right of representation during the process.

COMPANY'S ARGUMENT:

4 The worker made serious errors during his employment and was found to be unsuitable to continue in his position. He was
dismissed during the probationary period as his performance did not meet the required standard despite management's efforts to provide the required support.

RECOMMENDATION:

The Court has carefully considered the submissions of both parties to this dispute.

On the basis of the evidence presented the Court finds that the Respondent Company, in this case, applied a disciplinary procedure that did not meet the standards set out in S.I. 146 of 2000. The Court also finds that the evidence before it did not support the decision to dismiss the Claimant.

In all the circumstances of the cases, therefore, the Court recommends that the Respondent Company pay the Claimant a severance payment in the amount of €1,200 in full and final settlement of this dispute.

The Court so recommends.



Signed on behalf of the Labour Court



Brendan Hayes
11th October 2013.______________________
AHDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.