FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CASEY'S AUTO CENTRE LIMITED - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Alleged Unfair Dismissal.
BACKGROUND:
2. This dispute concerns the Worker's claim for compensation for alleged unfair dismissal. The worker referred the case to the Labour Court on 28 February 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 17 May 2017. The Employer did not attend the hearing.
WORKER’S ARGUMENTS:
3. 1. The Employer did not follow proper procedures in dismissing her from her employment.
2. She was not given any opportunity to comment on or refute the allegations made against her.
3. She does not believe that the Employer had any grounds for dismissing her and her dismissal was unfair.
RECOMMENDATION:
The Respondent in this matter did not attend the hearing of the Court and did not make any submission to the Court.
The Claimant contended that she had been dismissed in November 2016. She submitted that the grounds advanced by the Respondent for her dismissal were without foundation and did not form a reasonable basis for a decision to terminate her employment.
On the uncontested submission of the Claimant the Court determines that the Claimant was unfairly dismissed by the Respondent in November 2016. The Claimant has submitted details of her attempts to mitigate the financial loss suffered by her. Taking account of those attempts at mitigation, the Claimant’s rate of pay and the financial loss she has suffered the Court recommends that the Respondent pay the sum of €7,500 to the Claimant in compensation.
Signed on behalf of the Labour Court
Kevin Foley
22 May 2017.______________________
MNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.