LCR22245

1.Compensation for loss of employment due to Unfair Dismissal and loss of opportunities.

BACKGROUND:

2.This dispute concerns a Dismissal .The Worker referred this case to the Labour Court on 21 January 2020in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. Labour Court hearings took place on 10 and 24 June 2020.

WORKER’S ARGUMENTS:

3. 1. The Worker states that she was unexpectedly and unfairly dismissed from her employment.

2. The Worker states that she was not made aware of the danger of losing her job nor did she receive a verbal or written warning before a dismissal by Bluetree Systems, Orbcomm.


EMPLOYER'S ARGUMENTS:

4. 1. The Employer asserts that it is entitled to terminate on a no fault basis at any time during the contract but this is particularly so during the probationary period.

2. The Employer submits that it is entitled to terminate fairly within the probationary period.

RECOMMENDATION:

Background to the Dispute

The Worker was employed by Blue Tree Systems Limited (‘the Company’) as a Technical Support Analyst Tier 2 with German from 30 October 2019. The Worker’s contract provided for a six-month probationary period. Her employment was terminated with two weeks’ notice on 3 December 2019. She was not required to work her notice period. The Worker’s gross salary was €2,500.00 per month.

Worker’s Submission

The Worker submits that she was unfairly dismissed from her employment contrary to natural justice and SI No. 146 of 2000. She is seeking compensation.

Company Submission

It is submitted on behalf of the Company that the Worker was dismissed because of a series of ‘unacceptable emails’ she sent to colleagues on 19, 27 and 28 November 2019 and again on 3 December 2019, following a meeting with the HR Manager on 2 December 2019 to discuss the earlier emails. The Company’s HR Manager met with the Worker on 3 December and informed her that the ‘abrasive’ tone of her emails was not in keeping with the Company’s standards and that a decision had been taken to terminate her employment in accordance with the probationary clause of her employment contract i.e. with two weeks’ pay in lieu of notice.

Mr Purdy, Solicitor, submits that the Company is “entitled to terminate on a no-fault basis at any time during the contract but this is particularly so during the probationary period”.

Recommendation

Where an employee is considered unsuitable for permanent employment, the Court accepts that an employer has the right, during a probationary period, to decide not to retain that employee in employment. However, the Court takes the view that this can only be carried out where the employer adheres strictly to fair procedures. In the circumstances of this case, the Company failed to observe any fair procedures prior to arriving at its decision to terminate the Worker’s employment during her probationary period.

The Court has considered the emails authored by the Worker and to which the Company took exception and finds the tone and style of those emails to be abrasive and unprofessional. Nevertheless, the Worker should have been counselled as appropriate and given a reasonable opportunity to adapt her communication style to better fit with the culture of the Company.

Having considered the Parties’ verbal and written submissions, the Court, finds that the decision to dismiss the Worker was hasty and devoid of any semblance of fair procedures. The Court, therefore, recommends the Worker should receive compensation of €4000.00 for the Company’s shortcomings in this regard.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
MK	______________________
18 August 2020	Deputy Chairman