FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OPENTEXT IRELAND LTD - AND - A WORKER DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Unfairly Dismissed.
BACKGROUND:
2. The Worker referred her dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 11th December, 2018.
The Employer was not present and was not represented at the hearing.
The following is the Recommendation of the Court:
RECOMMENDATION:
On the uncontested evidence of the Worker the Court is satisfied that the Employer failed to adhere to the requirements of the Code of Practice on Grievance and Disciplinary Procedures made under section 42 of the Industrial Relations Act 1990, and contained in (S.I 146 of 2000), before the decision to dismiss the Claimant was taken. In reaching that conclusion the Court has had regard to the following: -
The Worker had no indication from her Employer that they were unhappy with her in work. In her submission to the Court the Worker drew the Court's attention to emails from her Employer praising her work.
On the 13thAugust 2018 the Worker was invited to a skype meeting with her line manager on Friday 17thAugust 2018. She understood the meeting to be their normally weekly meeting. However, at the meeting she was told she was being let go with effect from the 26thAugust 2018. The Worker was not told in advance the nature of the meeting nor was she afforded an opportunity to be accompanied at the meeting. No appeal procedure was available to the Claimant in respect of the decision to dismiss her.
The Worker received a letter dated 21stAugust 2018 stating her contract was being terminated with effect from 26thAugust 2018. The letter went on to say that she was only entitled to one week’s notice, but the Employer would pay her two weeks’ notice which she was not expected to work. The Employer did not attend the Labour Court hearing and no reason was proffered for the decision to terminate the employment.
This Court has consistently held that an Employer is not relieved of the obligation to act fairly during a probationary period and that the requirement of the Code of Practice applies in all circumstances in which a worker is on hazard of having his or her employment terminated.
Having regard to all of these considerations the Court has concluded that the Worker was treated unfairly in the manner in which her employment was terminated.
The Court recommends that the Employer pay the Worker compensation in the amount of €5,000 in full and final settlement of the claim before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
14th December 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.