FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GXP SYSTEM - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle 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 12th June, 2013, 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 13th February, 2014. The Company declined to attend the Hearing.
WORKER'S ARGUMENTS:
3. 1. The Worker accepts that he used the Company's premises without prior permission.
2. The Worker does not accept that his behaviour constituted an act of gross misconduct.
3.The Worker's dismissal was disproportionate and unfair.
RECOMMENDATION:
The Court finds it regrettable that the employer declined to attend the hearing and to avail of the opportunity to present its version of the events giving rise to this dispute.
On the uncontested submissions of the Claimant the Court is satisfied that dismissal was a wholly disproportionate response to what occurred. In the Court’s opinion a warning would have been more appropriate. In these circumstances the dismissal was both procedurally and substantially unfair.
The Court recommends that the employer pay the Claimant compensation in the amount of €25,000 in full and final settlement of his claim.
Signed on behalf of the Labour Court
Kevin Duffy
24th February, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.