FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FINN VALLEY LEISURE CENTRE - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Alleged Unfair Dismissal.
BACKGROUND:
2. This dispute concerns the Worker's dismissal claim. The Worker referred this case to the Labour Court on 12th September, 2014, 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 26th March, 2015. The Employer declined to attend the hearing.
WORKER'S ARGUMENTS:
3. 1.The Employer made very serious, unfounded allegations against the Worker.
2.The Employer failed to investigate these allegations in an impartial and transparent manner.
3.The Worker wants his good name restored.
RECOMMENDATION:
The employer declined to attend the hearing held to investigate this dispute. The Court finds that decision regrettable and notes that the employer did not avail of the opportunity to put its version of the events giving rise to the dispute before the Court.
The reasons relied upon by the employer for the dismissal were set out in a letter to the Claimant dated 26thJune 2014, a copy of which was provided to the Court. It is, however, clear on the uncontested submissions of the Claimant that the employer failed to afford him any fair opportunity to address those issue before the decision to terminate his employment was taken. That failure contravened the terms of the statutory Code of Practice on Disciplinary Procedures (S.I. 146 of 2000). On that basis alone the dismissal was unfair.
On the information before it the Court is satisfied that no basis existed upon which the employer could reasonably have concluded that the Claimant was involved in any form of misconduct. In these circumstances the Court recommends that the employer should withdraw the allegations made against the Claimant and they should do so in writing.
The Court further recommends that the employer pay compensation to the Claimant in the amount of €10,000.
Signed on behalf of the Labour Court
Kevin Duffy
30th March, 2015______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.