FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : A COMPANY - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Reinstatement Of Contract.
BACKGROUND:
2. The case concerns a claim by the Worker for a reinstatement of a contract.
On the 14th March the Worker referred the dispute to the Labour Court 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 the 7th June 2017. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
The Worker argued that they had been offered and accepted a contract with the Company and the Contract was terminated, due to an untrue allegation, in a manner that was unfair.
RECOMMENDATION:
The Court has given careful consideration to the claimant's uncontested submissions on the matters before it. Based on those submissions the Court finds that the Respondent Company terminated the Complainant's contract of employment on the basis of unspecified hearsay complaints about her and without affording her the opportunity to deny, rebut or explain them.
Accordingly the Court finds that the Respondent failed to afford the Claimant her entitlement to fair procedures before taking such a serious and far reaching decision that had a material affect on her personal and financial wellbring.
The Court notes that the Claimant is now in the process of, with others, establishing an enterprise and is well advanced in this regard.
In that context the Court recommends that the Respondent Company, in full and final settlement of this dispute, pay the Claimant 7,500 euro for the infringement of her entitlement to fair procedures in the manner in which it terminated her contract of employment.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
JD______________________
03 July 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.