LCR22254

1.Wrongfull dismissal and no terms and conditions of employment were issued

BACKGROUND:

2.The case concerns a claim by the Worker that she was unfairly dismissed, that she had not received any documentation upon commencing employment such as contract of employment or grievance and disciplinary procedures, was not involved in any performance review and received no written notice of her dismissal.

The Employer’s position is that the Worker was provided with a contract of employment on or around the 6th January 2020.

The Worker was made aware of all necessary information within the prescribed period, albeit that this information was not provided to her in writing as required by the Terms of Employment (Information) Act 1994.

On 22 April 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 15 September 2020.


WORKER'S ARGUMENTS:

The Worker

• 
  1)had a good working relationship with Management and other staff members.

  2)requested her contract of employment but did not receive one.

  3)was not advised of any work-related issues.

  4)did not receive fair process when her employment was terminated.

While the Worker did not receive the core documents as required by the Terms of Employment (information) Act 1994, she was made aware of all necessary information, albeit that this information was not provided to her in writing as required by the Act.

The fact that the information was not provided in writing did not result in any detriment to the Worker.

The Labour Court has no jurisdiction to make any form of order or recommendation in relation to the Unfair Dismissal.

RECOMMENDATION:

The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim by a worker that she was wrongly dismissed by her employer and she did not receive details of her basic terms and conditions of employment within five days and did not receive further terms and conditions of employment within two months.

The Claimant was employed as a hairdresser by the employer from 21^stNovember 2019 until 28^thJanuary 2020, when her employment was terminated with immediate effect. The employer stated that she was not happy with the Claimant’s work and advised her that her services were no longer required. She was dismissed during her probationary period and was paid one week’s pay in lieu of notice. The dismissal was communicated to her by telephone.

The employer said that a contract of employment was sent by her accountant to the Claimant on 6^thJanuary 2020, and an additional copy was sent on 28^thJanuary 2020. The Claimant told the Court that she never received any details in writing of her terms and conditions of employment.

Having heard the submissions of both parties the Court is satisfied that the manner of her dismissal fell far short of the standard of fairness that could be expected from a reasonable employer. The Employer informed the Claimant by telephone that she was dismissed. It was not disputed that the Claimant was not given any indication that her employment was in jeopardy or that her employer had any difficulties with her work, until the day she was dismissed. Indeed, she was informed that her employer was happy with her work and that she was due to be sent on a hair colouring product refresher course.

In all the circumstances of this case, the Court finds that the termination of the Claimant’s employment in the manner in which it occurred was contrary to the requirements of procedural fairness and good practice. It was also contrary to the provisions of the Code of Practice on Grievance and Disciplinary Procedure (S.I. No. 146 of 2000). That Code of Practice is made pursuant to section 42 of the Industrial Relations Act 1990 and the Court is required by section 42(4) of that Act to have regard to its provisions in deciding on any case to which it relates. For all of these reasons, the Court finds that the dismissal of the Claimant was unfair and awards her the sum of €2,500.00 compensation for the failure to supply details of the terms and conditions of her employment and for the manner of her dismissal. The Court recommends that this compensation payment should be accepted by the Claimant in full and final settlement of her claims.

Therefore, the Court recommends that the Claimant should be paid the sum of €2,500.00 within six weeks of this Recommendation.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
NJ	______________________
18 SEPTEMBER 2020	Deputy Chairman