LCR22532

1.Compensation.




BACKGROUND:

2.On the 6 September 2021, the Worker referred the 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 in a virtual setting on the 5th January 2022.

WORKER'S ARGUMENTS:

1. The Worker states that she was dismissed without fair procedure.

2. The Worker claims that she was dismissed on 18th June 2021 while earninga salary of €40,000 and that she secured new employment just over one month later on a salary of€35,000.

3. The Worker claims that she was given no right to appeal the dismissal.

4. The Worker states that she had to purchase her own uniform just days before she was dismissed..

RECOMMENDATION:

The Employer advised the Court that they would not be attending the hearing. As a result, the only account provided to the Court regarding the dismissal of the Worker is that provided by her.

The Court has consistently highlighted its view that employees with less than a year’s service are entitled to expect that they will be treated fairly and will not be subject to arbitrary dismissal.

On the submissions given to it, the Court is not satisfied that the Employer met the standards of fairness in procedure as set out in S.I. 146/2000. Accordingly, the Court recommends that the Employer pay compensation of €5000 to the Worker.

	Signed on behalf of the Labour Court
	Tom Geraghty
SOC	______________________
13 January 2022	Deputy Chairman