LCR22688

1.Dismissal


BACKGROUND:

2.This dispute concerns a complaint regarding a dismissal. The Worker referred this case to the Labour Court on 23 August 2022 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 23 November 2022.


WORKER’S ARGUMENTS:

3. 1. The Manager treated the Worker unprofessionally

2. The Employer dismissed the Worker without warning



EMPLOYER'S ARGUMENTS:

4. 1. The Worker behaved disrespectfully to management

2. The Worker was spoken to formally on at least three occasions regarding his behaviour

3. The Worker was dismissed as he was not a proper fit for the organisation




RECOMMENDATION:

The Court notes the acceptance on behalf of the Employer that there were inadequate procedures applied in the dismissal of the Worker. Indeed, the Court notes that the Employer offered to apologise for this deficiency, while re-affirming their view that the dismissal was justified.

This Court has consistently upheld the rights of all affected Workers to fair and proper procedures, in the absence of which dismissals usually have to be deemed as unfair.

In the circumstances of this case, the Court recommends that the Employer should pay compensation of €1000 in recognition that the dismissal of the Worker took place without him being afforded the opportunity to avail of procedures that would have allowed him to put his case prior to him being dismissed.

	Signed on behalf of the Labour Court
	Tom Geraghty
OC	______________________
5 December 2022	Deputy Chairman