FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LITES GROUP LTD - AND - PATRICK LEAHY (REPRESENTED BY EOIN C DALY MALLON, SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Dismissal.
BACKGROUND:
2. On the 11th February, 2015 the Worker referred his 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 the23rd April, 2015.
WORKER'S ARGUMENTS:
3. 1. The Claimant was given no written notification of any issues and argues that if things were so bad why didn't this happen?
2. The Claimant was given areas to canvass that had already been canvassed in the previous six months and sometimes as recently as one week prior to the Claimant calling.
EMPLOYER'S ARGUMENTS:
4. 1. The Respondent says that he was given several oral warnings of his poor sales and that he was informed that if he didn't meet his targets that he would be dismissed.
2. The Respondent denies that the Claimant was given areas to canvass that had been canvassed in the previous six months.
RECOMMENDATION:
Having carefully considered the submissions of both sides in this dispute the Court finds that the claimant was dismissed without recourse to proper procedures contrary to Statutory Instrument No 146/2000. The Court further finds that the Claimant was, despite commitments to the contrary, assigned areas to re-canvass that had been comprehensively canvassed less than six months earlier. These assignments had the effect of unfairly giving the impression that the Claimant was underperforming.
In the circumstances the Court recommends that the Company pay the Claimant compensation of €2,500 in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
5th June, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.