FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RONAN DALY JERMYN SOLICITORS - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Unfair dismissal.
BACKGROUND:
2. This case concerns a claim of unfair dismissal.
On the 9th 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 9th October 2014. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The Claimant started working as a receptionist for the Company on the 4th December 2013.
2. She was only working for a short period of time when she made a complaint regarding the behaviour of her manager to the HR Manager. She was advised to try sort it out informally which she did, but the bad behaviour continued. The Claimant wrote a formal email of complaint on Friday 24th January 2014.
3. The Claimant was called into a meeting on the following Monday and was dismissed with immediate effect.
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 the dismissal fell far short of the standard of fairness that could be expected from a reasonable employer. The minimum that would be expected of a reasonable employer in such circumstances is that an investigation would be carried out to examine complaints made by the Claimant and any related matters. This failure by the Employer is contrary to the requirements of procedural fairness and good practice. It is also 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.
Consequently, the Court is of the view that the summary dismissal of the Claimant was unacceptable and recommends that she should be compensated by the payment of €10,000 in full and final settlement of the claim before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
16th October, 2014Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.