FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : VERITAS STORAGE (IRELAND) LTD - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Dismissal.
BACKGROUND:
2. The case before the Court concerns a claim by the Worker against his former Employer, Veritas Storage (Ireland) Ltd. It is the Worker's assertion that he was unfairly dismissed from his employment.On the 23rd March, 2016 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th May, 2016. The Employer was not present and was not represented at the hearing.
The Worker agreed to be bound by the Court’s Recommendation.
RECOMMENDATION:
The matter before the Court concerns a claim of unfair dismissal. The Claimant was in the employment from 24thApril 2015 until his dismissal on 29thJanuary 2016.
The Employer failed to attend the hearing for reasons that were given in correspondence to the Court. The Court regards it as regrettable that the employer decided not to avail of the opportunity to put its side of the case.
Having heard the uncontested evidence of the Claimant the Court is satisfied that the manner of his dismissal fell far short of the standard of fairness that could be expected from a reasonable employer. The Claimant told the Court that he was invited to attend a probation review meeting on 29thJanuary 2016 and at that meeting without warning his employment was terminated with immediate effect and he was escorted from the building in a humiliating manner.
He said that he was not informed beforehand that this would be a disciplinary meeting; he was not given the opportunity to be represented at that meeting; no advance notice was given to him that his job was in danger and it would appear to the Court that a hasty decision was taken by management in the course of the meeting to dismiss him. It also appears to the Court that the Claimant was not given an opportunity to address any concerns that the employer may have had concerning his work performance and was not provided with an opportunity to appeal the decision.
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.
The Court recommends that the Employer pay the Claimant compensation in the amount of €12,000 in full and final settlement of all claims arising from his dismissal.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th May 2015______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.