LCR22258

1.Wrongful Dismissal

BACKGROUND:

2.The case concerns a claim by the Worker that she was unfairly dismissed.

The Employer declined to attend.

On 19 June 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 was dismissed on the grounds her position no longer existed, but the position was later filled by another individual returning from Sabbatical Leave.

The Worker took up this employment on the basis it was a full-time position within the Company and at no time had the Worker been informed by the Company the position was temporary.

The Worker’s work performance appraisals were positive and she had received commendations for acquiring new skills quickly.


EMPLOYER'S ARGUMENTS:

The Employer did not attend.

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 her outstanding annual leave on cesser of employment.

The Claimant was employed as a Receptionist/Assistant to Accounts by the employer from 10^thApril 2019 until 25^thNovember 2019, when her employment was terminated.

The Court heard this case in the absence of the employer who indicated through its representative that it would not be attending the hearing.

The Claimant’s representative stated that the Claimant was employed on a permanent contract of employment when she was dismissed by her employer following her return from annual leave in November 2019. Her employer informed that she was being let her go as her job no longer existed following a restructuring of the company. The Claimant disputed the need to terminate her employment as an employee who had been away on a “sabbatical” was taken back to the Company in January 2020. The Claimant asserted that this employee was carrying out the duties she had previously performed. The Claimant was particularly aggrieved to have been dismissed in these circumstances and her confidence was seriously undermined by the events.

When the Claimant sought reasons for her dismissal, she did not receive any, however, she was furnished with a reference which stated that she had completed her duties to a very high standard.

Having heard the Claimant’s submission 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 Company informed the Claimant on her return from annual leave that her job no longer existed. This occurred without any warning or notice that her employment was in jeopardy, and without affording her an opportunity to discuss the position, including any possible alternative employment opportunities in the company.

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 these reasons, the Court finds that the dismissal of the Claimant was unfair and awards her the sum of €3,000.00 compensation 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.

The Court notes that the Claimant had an outstanding entitlement to seven and a half days annual leave on the cessation of her employment. Therefore, the Court awards her the sum of €525.00 in respect of that entitlement.

Therefore, the Court recommends that the Claimant should be paid the sum of €3,525.00 within six weeks of this Recommendation.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
NJ	______________________
21 September 2020	Deputy Chairman