FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE BUTTERY BISTRO (LIMERICK) LIMITED T/A THE BUTTERY - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Dismissal.
BACKGROUND:
2. The case concerns a claim by the Worker for Unfair Dismissal.
On the 21st October 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 4th March 2015. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The Claimant received no warnings before her termination.
2. The Claimant was not provided with an opportunity to be represented, when a decision was taken to terminate her employment.
3. The Employer refused to sign Social Welfare papers for the Claimant.
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.
Having heard the uncontested evidence of the Claimant the Court is satisfied that the manner of her dismissal fell far short of the standard of fairness that could be expected from a reasonable employer. The Claimant was given no opportunity to address any concerns that the employer may have had concerning her work performance, she received no warnings before her employment was terminated, she was not provided with an opportunity to be represented, when a decision was taken to terminate her employment.
This is contrary to the most basic 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.
In all the circumstances, the Court recommends that the Claimant should be paid compensation in the sum of €5,000 to be accepted in full and final settlement of the claim against her Employer. The Court recommends that this sum should be paid within six weeks from the date of this Recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
CO'R______________________
25th March, 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.