LCR20609

SUBJECT:
1. Compensation.


BACKGROUND:

2. The Claimant left a full-time position after six years as Chef with another Hotel to commenced work with The Chocolate Bar on 13th August 2012 as the hours were more family-friendly and suited his circumstances. He was given a verbal work contract to work a 38-hour shift and be paid a basic rate of €9.00 per hour. From the very beginning he was underpaid and consistently had to highlight his difficulties with Management and eventually he was reimbursed the money that was owed to him. On 30th December, 2012 he was dismissed by letter which stated that as he was no longer required he would be given one week's notice to take effect from 7th January 2013. The case concerns a claim by a Worker for compensation due to his 'unfair dismissal'.

On the 24th April 2013 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Employer, through its representative informed the Court that it would not attend the hearing.

A Labour Court hearing took place on the 17th September,2013.

The Worker agreed to be bound by the Court’s Recommendation.


WORKER'S ARGUMENTS:

3. 1. The agreed rate of pay was never forthcoming, no comfort nor meal breaks were ever organised by Management and could not be taken. No Sunday premium nor Public/Bank Holiday pay was ever received. All complaints regarding same were ignored until finally a written employment contract was issued in December 2012.

2. This fixed-term contract for a Kitchen Assistant did not reflect in any way what was verbally agreed at commencement of the employment and the Worker refused to sign.

3. The letter of dismissal stated that there was no suitable work available within the Group yet within weeks another Chef was working in the position.

RECOMMENDATION:

The matter before the Court concerns a claim of unfair dismissal. The Claimant alleged that his employer failed to provide him with a contract of employment at the commencement of his employment and subsequently furnished him with a fixed-term contract contrary to the verbal agreement entered into between the parties. Furthermore, he alleged that the employer failed to pay him the agreed rate of pay, failed to provide him with meal breaks and finally terminated his employment when he raised queries regarding these matters.

Prior to the hearing the employer’s representative notified the Court that neither it nor the employer would be attending the Court.

The Court finds in favour of the Claimant’s claim that he was unfairly dismissed and accordingly recommends that the employer pay him the sum of €5,000 within a period of six weeks in full and final settlement of all claims arising from his employment and its termination with the employer.

The Court so recommends.



Signed on behalf of the Labour Court



Caroline Jenkinson
30th September, 2013______________________
JFDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.