LCR22702

FULL RECOMMENDATION

CD/22/196

RECOMMENDATION NO.LCR22702

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

GAS NETWORKS IRELAND NSC

- AND -

A WORKER

DIVISION :

Chairman:	Mr Geraghty
Employer Member:	Ms Doyle
Worker Member:	Ms Treacy

SUBJECT:

1.Unfair Dismissal

BACKGROUND:

2.The Worker referred the case to the Labour Court on 29 September 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 9 December 2022.

RECOMMENDATION:

Summary of Worker arguments.

1. The Worker was dismissed unfairly. She was told not to return after contracting Covid.

2. The Worker was replaced by somebody on a permanent contract but she was never informed.

3. The Worker completed every task assigned to her.

Recommendation.

Unfortunately, the Respondent chose not to attend this hearing and it was necessary for the Court to consider this matter without their input.

The contract on which the Worker was employed was for a fixed term. The fixed term came to an end. The contract was clear in not giving any guarantee of renewal. Therefore, the Court is obliged to conclude that there was no unfair dismissal and cannot make a Recommendation in favour of the Worker.

	Signed on behalf of the Labour Court

	Tom Geraghty
TH	______________________
4 January 2023	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.