FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JOSEPH MC GRATH SOLUTIONS NBQ BUSINESS SUPPORT SOLUTIONS - AND - MELITA POWER DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Compensation
BACKGROUND:
2. This dispute concerns the Worker's claim that she was unfairly dismissed.
RECOMMENDATION:
The Employer did not attend at the Labour Court hearing or make a submission to same.The Court has carefully considered the written and verbal submissions of the Worker.The Court is satisfied on the evidence before it 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 undisputed statement of the Worker that on her return to work following an absence that the Employer was notified of, she was summoned to a meeting where she was advise that her contract was being terminated. The Worker was not given advance notice of the meeting or afforded the opportunity to bring a representative. She was not notified of any appeal process following the meeting.
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 Claimant was treated unfairly in the manner in which her employment was terminated and was unfairly dismissed
The Court recommends that the employer pay the Claimant compensation in the amount of €5,000 in full and final settlement of the claim before the Court.
Signed on behalf of the Labour Court
Louise O'Donnell
26 September 2018______________________
JDDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.