FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : STANDARD PRINTERS - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Compensation for loss of earnings.
BACKGROUND:
2. The case concerns a claim of unfair dismissal by the Worker.
- On the 8th May 2014, the Worker referred the dispute 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 8th July 2014. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The Worker commenced employment with the Company in September 2013. On the 27thNovember 2013, he booked a days’ leave to attend a medical consultation with his wife. His wife was diagnosed with cancer and required immediate surgery.
2. This came as a complete surprise and was very stressful for the Worker. He was certified sick with stress and immediately informed his employer by telephone. He provided the Employer with sick certs on a regular basis.
3. The Worker returned to work on Tuesday 7th January 2014. He was called to a meeting the following day and told his employment would end on Friday 10th January 2014. The reason for his dismissal was due to lack of work, however two weeks later his position was advertised and filled.
RECOMMENDATION:
The case comes before the Court under section 20(1) of the Industrial Relations Acts. The Employer in this case decided not to attend the hearing or to make submissions on the matter in dispute.
Based on the uncontested submission of the Claimant the Court finds merit in the worker’s claim and recommends that the Employer compensate him in the sum of €8,000 for the losses he sustained as a result of the unfair manner in which it terminated his employment.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
22nd July, 2014.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.