FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BRUCE BETTING T/A GT RETAIL - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Unfair dismissal.
BACKGROUND:
2. The worker made a complaint to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 on 24th June 2019. A Labour Court hearing took place on 15th October 2019. The following is the recommendation of the Court:-
RECOMMENDATION:
The complainant in this case has made submissions setting out her contention that she had been dismissed by the respondent on the basis that her position was being made redundant. She submitted that her position was subsequently advertised and filled and that, contrary to undertakings given at the time of her dismissal, she was not offered re-employment. In addition the complainant submitted that her working conditions included working long shifts without adequate rest and inadequate notice of un-rostered call ins to work.
The employer in this matter failed to attend at the hearing of the Court and failed to make any submission to the Court. The Court is satisfied that the employer was notified of the date and time of the hearing.
The Court, having given careful consideration to the written and oral submissions of the complainant, recommends that she be compensated by her former employer for the effects of her dismissal and the failure of the employer to offer her re-employment and for the inappropriate working conditions afforded to her during her employment. The Court recommends that the amount of such compensation to be paid to the complainant by the employer should be €4,750.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
FMc______________________
18th October 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fiona McCarthy, Court Secretary.