LCR22372

1.Unfairly Dismissed

BACKGROUND:

2.This case concerns a claim by the Worker that he was unfairly dismissed by his Employer, without due process.
The Employer’s position is that there was a workforce restructuring and, as a result of this restructuring, there was no longer a requirement for the Claimant and five other employees.

On 11 November 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 4 February 2021.

Worker’s Arguments:

The Employer acted in an unfair manner by terminating the Worker’s employment, without recourse to proper procedure.

The Worker had a verbal understanding with his Employer regarding overtime to be paid. No payment was made.

Employer’s Arguments:

The Company was obliged to restructure following the changing requirements of its client and there was no further work for the Claimant following the restructuring on site.

The Employer accepts that there was no consultation with the Worker in advance of the decision to restructure, the decision which led to his contract being terminated on 21 January 2020.

The Employer engaged with the Claimant regarding a recruitment firm looking for people with the Worker’s skill set. The Worker obtained employment within 2 weeks of being let go.

RECOMMENDATION:

The Employer acknowledged to the Court that the dismissal was unfair.

The Worker secured alternative employment within two weeks of his dismissal.

Taking account of both factors, the Court recommends that the Employer pay a sum of €5,000 to the Worker in compensation for the unfair dismissal.

The Worker’s contract provided that overtime would not be paid. Accordingly, the Court sees no merit in that aspect of his claim.

	Signed on behalf of the Labour Court
	Tom Geraghty
NJ	______________________
25 February 2021	Chairman