FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KAVANAGH'S PHARMACY - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Unfair dismissal.
BACKGROUND:
2. This dispute concerns the Worker's claim that he was unfairly dismissed. The Worker referred this case to the Labour Court on 23rd May, 2014, 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 29th July, 2014.
WORKER'S ARGUMENTS:
3. 1. The Worker was given no prior indication that the Employer was not satisfied with his performance.
2. The Worker was given no valid reason for his dismissal.
3.The Worker was denied fair procedures and natural justice.
RECOMMENDATION:
This matter came before the Court under Section 20(1) of the Industrial Relations Acts 1946 – 2012. The employer did not attend the hearing and made no submissions to the Court on the matters before it.
Based on the uncontested submissions and statements of the Claimant the Court finds that he was unfairly dismissed without justification or access to any procedures to determine any alleged deficiencies or misconduct on his part.
The Court notes that the Claimant suffered a considerable loss of income as a result of that unfair treatment and recommends that his former employer pay him proportionate compensation in the sum of €25,000 in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
14th August, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.