FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : A COMPANY (REPRESENTED BY THE HR COMPANY) - AND - A WORKER DIVISION :
SUBJECT: 1.Alleged Unfair Dismissal with the procedures as laid out in his employment contract. On 21 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 3 September 2020.
The contract of employment states that the Worker can be terminated at any time during the probation period by the Company giving notice in line with statutory notice period. Section 30 of the handbook states “ The principles of this policy will not apply during an employee’s probation period, however any employee dismissed during their probation should be invited to attend a meeting to discuss their performance, behaviour and their employment” The Company followed this policy when inviting the Worker to the meeting at which he was dismissed.
The Court is not satisfied that the Worker in this case was afforded fair process. Therefore, the Court recommends that the Employer pay the Worker a sum of €5000 in compensation.
NOTE Enquiries concerning this Recommendation should be addressed to Noel Jordan, Court Secretary. |