LCR22710

1.Appeal Of Adjudication Officer Decision No(s)ADJ-0035057 CA-00046184-001

BACKGROUND:

2.The Worker appealed the Recommendation of the Adjudication Officerto the Labour Court on 14 November 2022 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 20 January 2023. The following is the Decision of the Court:





DECISION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The matter before the Court arises from the dismissal of the worker by the employer on 16^thApril 2021. She had been employed since 10^thFebruary 2021 and her contract of employment made provision for a probation period of three months following recruitment, during which she was entitled to one week’s notice of termination of her employment.

The worker’s salary on recruitment was €80,000 per annum.

The worker was not notified of any performance issues prior to a meeting on 16^thApril 2021 at which she was informed that her employment was to be terminated immediately.

There is no submission before the Court that the worker was notified in advance of termination that her employment was at risk. Neither was there a submission before the Court which contended that any procedure was followed before arriving at a decision to terminate the employment or that an opportunity was provided to the worker to know of any issues prior to the termination of her employment. Similarly, there is no submission before the Court that she was afforded any opportunity to defend herself against any charge or contention which could lead to the termination of her employment.

It is the view of the Court that whenever a worker, including a worker who is on probation, is at risk of the loss of his or her job, it is incumbent on the employer to make the worker aware of the situation and of the reasons. In addition, where the issue arises from the conduct or performance of the worker, he or she should be afforded an opportunity to address the decision maker in his or her defence.

There is no submission before the Court that these basic elements of fair procedure were applied in the case of the worker and the Court accepts that the sudden termination of her employment without warning has had a significant effect upon her.

In all of the circumstances of the matter, the Court recommends that the employer, in acknowledgement of its procedural shortcomings, should make a gesture of goodwill to her in full and final settlement of the dispute before the Court. That gesture should be in the form of a payment in the amount of €10,000.

The Court also recommends, having regard to the failure to afford her an opportunity to set out her position in relation to any performance issue which the employer might have considered was in being, that any reference provided to her should not infer any negative assessment of her performance while in the employment.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
DC	______________________
27 January 2023	Chairman