FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSF HEALTH PLAN - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Dismissal.
BACKGROUND:
2. This dispute concerns the Worker's claim of unfair treatment. The Worker referred this case to the Labour Court on 14 July 2017 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 15 November 2017. The Employer declined to attend the hearing.
WORKER’S ARGUMENTS:
3. 1. She was told that her contract was terminated with immediate effect without any prior notice.
2. She was not afforded to have any representation at any meetings she attended.
3. She had never been given any previous verbal or written warnings and her Personal Development Review was very positive.
RECOMMENDATION:
The Claimant in this case submits that she was unfairly dismissed following ten months of employment with the Respondent. The Claimant contends that during the course of her employment with the Respondent she was required to attend a range of meetings with the Operations Director for the Respondent. The final meeting she submits she attended was to advise her that her contract of employment was being terminated. That meeting occurred on 24thMay 2017. The Claimant submitted that reason proffered for her dismissal was that she ‘was not considered a good fit for the Company. The Claimant submits that at no time was she advised in advance of the purpose of meetings she attended and at no time was she advised that she could be represented or otherwise accompanied at the meetings.
The Claimant submitted that she had a positive Personal Development Review in February 2017 and that she had not been the subject of disciplinary action during her employment. The Respondent did not attend the hearing of the Court and consequently the Court did not have the benefit of a submission.
On the uncontested submission of the Claimant the Court concludes that the Claimant was dismissed without fair procedure and without justification. The Court finds that the Claimant was unfairly dismissed. The Court notes the fact that the Claimant succeeded in securing employment shortly after her dismissal. In all of the circumstances the Court recommends that the Respondent pay to the Claimant the sum of €2,000 in respect of her dismissal.
Signed on behalf of the Labour Court
Kevin Foley
28 November 2017______________________
MNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.