FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CLONMEL HEALTHCARE LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Compensation
BACKGROUND:
2. The case concerns a claim by a Worker for compensation. On the 17th December 2013 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 14th May 2014. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The Worker was promised nine months work in August 2013 to cover for maternity leave.
2. He carried out all duties assigned to him to the best of his ability and training.
3. He was dismissed with one weeks’ notice in early November 2013 and no procedure or disciplinary action was taken against him.
RECOMMENDATION:
The Court finds it regrettable that the employer failed to attend the hearing and avail of the opportunity to put forward its version of the events giving rise to this dispute.
On his uncontested submissions the Court accepts that the Claimant was dismissed without warning and without being afforded any reason for the dismissal. It seems clear that the employer did not afford the Claimant any opportunity to make representations on his own behalf before the decision to terminate his employment was taken. That constituted a clear contravention of the Code of Practice on Grievance and Disciplinary Procedures.
For all of these reasons the Court is satisfied that the dismissal was both procedurally and substantively unfair. The Court recommends that the Claimant should be paid for the outstanding portion of his fixed-term contract. That is to say, he should receive six months’ pay in full and final settlement of his claim.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
4th June, 2014Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.