FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CAMPUS OIL - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal Of Adjudication Officer Decision No ADJ-00000353/EH.
BACKGROUND:
2. This dispute concerns the Worker's claim that Management terminated his probation unfairly . This dispute was referred to an Adjudication Officer for investigation and recommendation. On the 18th October, 2011 the Adjudication Officer issued the following Recommendation:-
- "I recommend that the Respondent was entitled to terminate this employment while on probation because of the Complainant's failure to achieve the required standard of performance. I recommend that the Respondent pays the Complainant €500 for the unfairness associated with how the termination was implemented"
On the 29th June, 2016 the Employee appealed the Adjudication Officer'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 23rd August, 2016.
WORKER'S ARGUMENTS:
3.1. The Company did not provide proper training to allow the Worker to succeed in the role.
2. No warnings were given to the Worker before his dismissal.
COMPANY'S ARGUMENTS:
4.1. The Appellant was made aware that there were concerns regarding his progress.
2. There were substantial grounds justifying the dismissal.
DECISION:
The matter before the Court concerns an appeal of an Adjudication Officer’s Recommendation which found in favour of the Worker’s claim that he was unfairly dismissed by his Employer. In his findings the Adjudication Officer held that the Worker’s employment was terminated in a manner which was not consistent with the principles of natural justice and fair procedures when his employment was terminated at the end of the first month of his three month probationary period due to his failure to achieve the standards required by the Employer. The Adjudication Officer awarded the Worker the sum of €500 in compensation for the unfairness associated with the termination of his employment.
The Appellant outlined for the Court the effect this dismissal had on him and appealed the quantum of the award recommended by the Adjudication Officer.
The Employer did not dispute the Adjudication Officer’s finding that the dismissal was not procedurally fair; however it held that there were substantial grounds for the dismissal.
Having considered the submission made by both parties, the Court concurs with the findings of the Adjudication Officer that the dismissal was unfair, the Employer did not comply with the principles of natural justice and procedural fairness. In all the circumstances of this case the Court decides that the level of compensation should be increased. Therefore, the Court awards the Complainant the sum of €2,500 in compensation for the unfair dismissal which occurred.
The Appellant’s appeal is upheld and Adjudication Officer’s Recommendation is varied accordingly.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th August 2016______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jason Kennedy, Court Secretary.