FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GLOBAL SHARES IRELAND LIMITED (REPRESENTED BY ESA) - AND - A WORKER (REPRESENTED BY PAUL CHRISTOPHER, B.L., INSTRUCTED BY COLLINS,BROOK & ASSOCIATES, SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation -149184-ir-14/JOC.
BACKGROUND:
2. This dispute concerns the Workers' claim that she was unfairly dismissed. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 28th May, 2015 the Rights Commissioner issued the following Recommendation:-
- "I cannot support the [Worker's] case for the reasons stated in the findings."
On the 28th May, 2015 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 14th October, 2015.
3. 1. The Worker was subjected to a campaign of bullying and harassment by her colleagues.
2.The Company's failure to address this compounded the Worker's stress.
3.The Company's claim that it dismissed the Worker because of her poor performance is bogus.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker's contract of employment clearly states that the Company had the right to terminate her employment for any reason during her probationary period.
2.The Worker's employment was terminated on the grounds of suitability.
3.The Worker's subsequent attempt to invoke the grievance procedure is vexatious.
DECISION:
Having given careful consideration to the submissions of both parties to this dispute the Court finds that the manner in which the Company dealt with the matters raised by the Claimant fell short of the high standards it set for itself and on which she was entitled to rely. Accordingly the Court takes the view that the dispute should be resolved by the Company paying the Claimant the sum of €5,000 in full and final settlement of all matters in issue between them.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
9th November, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.