FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROCHE PRODUCTS (IRELAND) LIMITED - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Compensation and re-instatement
BACKGROUND:
2. This case concerns a claim by the Worker for compensation and reinstatement.
On the 18 October 2018, 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 29 November 2018. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The Worker started with the Company on 11 June 2018.
2. The Worker was invited to a meeting on 11 July 2018 and was dismissed. She was given no reason for this.
3. The Worker was not afforded an opportunity to be represented at the meeting.
4.The Worker was unfairly dismissed and should be compensated accordingly.
RECOMMENDATION:
This matter comes before the Court as a referral under Section 20(1) of the Industrial Relations Act, 1969. The Respondent did not attend at the hearing of the Court for stated reasons.
The Applicant submitted that she had been dismissed by the Respondent for no stated reason and without application of the procedures in place in the employment. She submitted that she was invited to a meeting with the HR and Sales Directors of the Respondent but was not given any advance notice of the matter to be discussed at that meeting. She submitted that she was given no opportunity to be represented at that meeting. She submitted that she was immediately dismissed at the commencement of that meeting for no stated reason. She submitted that she was, at the point of her dismissal at that meeting, handed a letter of termination which had been drawn up prior to the meeting. The Applicant submitted that she was the holder of a fixed term contract of employment at the time of her dismissal.
The Applicant submitted that she suffered financial and reputational loss as a result of her dismissal.
The Court has considered the uncontested submission of the Applicant and concludes that she was dismissed without application of the relevant internal company procedures and without the opportunity to answer any case against her or to be represented in the process.
In all of the circumstances the Court concludes that the Respondent should make a payment of €28,541.70 to the Applicant in compensation for the effects of her dismissal and in full and final settlement of the matter before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
6 December, 2018Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.