FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JOSEPH STEWARTS CORNMILLS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Unfair Dismissal
BACKGROUND:
2. This case concerns a claim by the worker that he was unfairly dismissed. The worker contends that he was employed by the Company with the full knowledge that he had not completed his apprenticeship yet ultimately that was the reason for his dismissal. He contends that there were no issues with his performance during his employment and no warnings were given to him that his continued employment with the Company was at risk.
On the 23rd January 2014, 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 3rd April 2014.
The employer was notified of the date and time of the hearing but did not attend and was not represented.
WORKER'S ARGUMENT:
3 1 There were no issues with the workers performance during his employment with the Company. There were no warnings given to him prior to dismissal and when he was dismissed he was not given any prior notice or valid reasons as to why his employment had been terminated. The worker considers his dismissal to have been fundamentally unfair.
RECOMMENDATION:
The Court finds it regrettable that the employer declined to attend the hearing held to investigate this dispute and to avail of the opportunity to put its version of the events giving rise to the dispute.
On the uncontested evidence of the Claimant the Court is satisfied that the employer took the decision to terminate the Claimant’s employment without affording him any opportunity to address the complaints against him. That constituted a contravention of the Code of Practice on Grievance and Disciplinary Procedures (S.I 146 of 2000)
In these circumstances the dismissal was both procedurally and substantively unfair.
The Court recommends that the employer pay the Claimant compensation in the amount of €5,000 in settlement of his claim.
Signed on behalf of the Labour Court
Kevin Duffy
28th April 2014______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.