LCR22314

1.Dismissal

BACKGROUND:

2.The case concerns a claim by the Worker that she was unfairly dismissed.
The Company did not attend the hearing.

On 25 February 2020, the Worker, referred this dispute to the Labour Court 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 12 November 2020.

WORKER'S ARGUMENTS:

The Company did not handle the situation fairly.

The Worker had raised a number of issues of concern, including an allegation of bullying, but no action had been taken.

The incident leading to dismissal is not denied but came about as a result of Management failing to investigate the Worker's complaints in this regard.

COMPANY'S ARGUMENTS:

The Employer did not attend the hearing.

RECOMMENDATION:

The Court has considerable concern about how this matter was handled by the Employer. In particular, the fact that the Worker was not allowed to bring a representative of her choice to the disciplinary appeal against a background where, as she advised the Court, she had made complaints of bullying that had not been investigated.

The Court recommends that a sum of €2500 in compensation should be paid by the Employer to the Worker in recognition of this failure of fair process.

	Signed on behalf of the Labour Court
	Tom Geraghty
NJ	______________________
18 November 2020	Deputy Chairman