FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BOOJUM GALWAY - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Unfair dismissal.
BACKGROUND:
2. The Claimant was employed as a Chef with Boojum Galway from 22nd July 2013 until his dismissal on 30th March 2014. The Claimant claims that the manner of his dismissal by Management was both unfair and unreasonable under the circumstances. On the 28th July, 2014 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 19th November, 2014.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. The Worker was never warned that if the quality of his performance at work did not improve, his job would be in jeopardy.
2. Termination of his employment came 'out of the blue' without warning.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim of unfair dismissal.
The Employer did not attend the hearing. The Court regards it as regrettable that the Employer failed to avail of the opportunity to explain its version of the events giving rise to the claim.
Having heard the uncontested evidence of the Claimant the Court is satisfied that the manner of his dismissal fell far short of the standard of fairness that could be expected from a reasonable employer, which was contrary to the provisions of the Code of Practice on Grievance and Disciplinary Procedure (S.I. No. 146 of 2000). That Code of Practice is made pursuant to Section 42 of the Industrial Relations Act 1990 and the Court is required by Section 42(4) of that Act to have regard to its provisions in deciding on any case to which it relates. For all of these reasons the Court finds that the dismissal of the Claimant was unfair.
In all the circumstances of this case the Court recommends that the Employer should pay the Claimant compensation in the amount of €3,500.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th December, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.