FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MATTHEWS COACH HIRE LTD - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Unfair Dismissal
BACKGROUND:
2. This case concerns a dispute between the Company and the worker in relation to alleged unfair dismissal. The worker contends that he was dismissed without any issues having been raised in relation to his performance at his probationary meeting. He contends that he was also denied an appeal as the employer either claimed to be unavailable or failed to respond to his correspondence in relation to the appeal.
On the 17th September 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 10th January 2014.
The employer was notified of the date and time of the hearing but did not attend and was not represented.
The following is the Court's Recommendation:
WORKER'S ARGUMENT:
3 1 At no time during the probationary period was the worker told that there were any issues with his performance. He was subsequently dismissed without any opportunity to query the reasons for his dismissal and was ultimately unable to secure an internal appeal date in relation to the dismissal.
RECOMMENDATION:
The Court regrets that the employer in this case declined to attend the hearing held to investigate this dispute and did not avail of the opportunity to put forward its version of the events leading to the Claimant's dismissal.
On the uncontested submissions of the Claimant it is clear that the manner in which the decision to dismiss the Claimant was arrived at fell far short of the standards of fairness that could be expected of a reasonable employer. It also contravened the provisions of the Code of Practice on Disciplinary and Grievance Procedures S.I.146 of 2000.
In these circumstances the Court is satisfied that the Claimant be paid compensation in the amount of €10,000 in full and final settlement of all claims arising from the dismissal.
Signed on behalf of the Labour Court
Kevin Duffy
31st January 2014______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.