LCR22882

Complaint Under Section 20(1) of The Industrial Relations Act 1969

BACKGROUND:
The Worker referred this case to the Labour Court on 12 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 1 December 2023.

RECOMMENDATION:

The Court has given very careful consideration to the comprehensive written submission of the worker. The employer provided the Court with no submission and did not attend the hearing of the Court. The Court is satisfied that the employer was on notice of the date, time and venue for the hearing.

The worker was employed by the employer for a period of nine months. No submission was made that the employer ever provided the worker with a written statement of the terms of her employment as required by the Terms of Employment (Information) Act, 1994 as amended.

The worker was summarily dismissed by the employer by text message on 24th May 2023. No procedure was employed by the employer and no opportunity was provided to the worker to know the charge against her and to defend herself.

It is clear to the Court that the dismissal of the worker did not accord with the principles of natural justice or with statutory instrument No. 146/2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000.

There is an obligation upon an employer to treat an employee fairly and reasonably. This is particularly so when a matter arises in the employment which might lead to the dismissal of the worker. On the uncontested submission of the worker, this employer manifestly failed to discharge its obligations in this regard.

In all of the circumstances, the Court recommends that the employer compensate the worker for the treatment she has endured on the termination of her employment. The Court consequently recommends that the employer should make a payment of €2,500 in full and final settlement of the within dispute.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
DC	______________________
5 December 2023	Chairman