FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HORIZON DIGITAL PRINTS SOLUTIONS (REPRESENTED BY PENINSULA BUSINESS SERVICES (IRELAND) LIMITED) - AND - A WORKER (REPRESENTED BY SEAN MCDONNELL & CO, SOLICITORS) DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Re- Instatement & Compensation
BACKGROUND:
2. This dispute concerns re-instatement and compensation.
The Worker referred this case to the Labour Court on 15 January 2019 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 16 April 2019.
RECOMMENDATION:
The Court has given careful consideration to the submission of the Claimant in this case. The Respondent chose not to attend the hearing of the Court and consequently the Court was deprived of any perspective from the former employer of the Claimant in relation to the matter.
The Claimant has set out that he was summarily dismissed without cause and that the Respondent did not utilise the disciplinary procedure set out in his contract of employment. The Claimant submitted that the Respondent made no notice payment upon dismissal notwithstanding the obligations in that respect arising from the Claimant’s contract of employment.
The Court finds that the Respondent has shown no evidence of compliance with fair procedure or that the decision to dismiss was reasonable. The Respondent has further failed to demonstrate that the procedures set out in the Claimant’s contract of employment were followed or that the notice terms in that contract were complied with.
In all of the circumstances the Court finds that the Claimant was unfairly dismissed and recommends that the Respondent should make a payment of €5,000 to him in compensation.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
MK______________________
17 April 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.