LCR22858

Compensation for Loss of Earnings and Stress

BACKGROUND:

This dispute concerns a complaint in relation to treatment by the company. The Worker referred this case to the Labour Court on 17th July 2023 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 27th October 2023.

RECOMMENDATION:

The Employer notified the Court that they would not be in attendance as they are a small business. In the email to the Court dated 17th October 2023 the Employer confirmed that the Worker had been dismissed and stated that there were issues in terms of her behaviour. No further details were provided in respect of what the issues were, or the processes followed by the Employer to address same prior to dismissal. The Worker stated that there was an issue on the 31st January 2023 arising from a lost WIFI connection which meant she could not upload client x-rays. The Employer challenged her about this, and she sought to explain that there had been a problem with the WIFI.  The following day was her day off, but she received a call from her Employers partner about the incident. The call lasted over an hour and ended up with him informing her that he largely agreed with what she said, and that her job was there for her. The Worker stated that when she reported for work the next day the Employer dismissed her on the spot. The Court has carefully considered the written and verbal submissions it received.  The Court is satisfied on the submissions before it that the Employer failed to adhere to the requirements of the Code of Practice on Grievance and Disciplinary Procedures made under section 42 of the Industrial Relations Act 1990 and contained in (S.I 146 of 2000), before the decision to dismiss the Claimant was taken.   This Court has consistently held that an Employer is not relieved of the obligation to act fairly during a probationary period and that the requirement of the Code of Practice applies in all circumstances in which a Worker is on hazard of having his or her employment terminated.  Having regard to all of these considerations the Court has concluded that the Worker was treated unfairly in the manner in which her employment was terminated. The Court notes that the Worker was working 12 hours a week and earning €300 per week. The Court recommends that the Employer pay the Worker compensation in the amount of €3,000 in full and final settlement of the claim before the Court.  The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AR	______________________
16/11/2023	Deputy Chairman