LCR22786

1.Dismissal

BACKGROUND:

2.The Claimant referred this case to the Labour Court on 12 June 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 28 June 2023.

RECOMMENDATION:

The Employer did not attend the hearing.

The Worker commenced employment with this employer on the 1^stDecember 2021 on a six month contract which contained a six month probationary period, that was to terminate on the 30^thMay 2022. She received a further 12-month contract on the 31^stMay 2022which contained a further six month probationary period. The Workers was dismissed on the 17^thNovember 2022.

The Worker stated that on the 11^thOctober 2022 she had showed up for work one hour late. This was the first and only time something like that had happened. On the 23^rdOctober 2022 her Manager came into the store and gave her verbal warning in respect of that instance, and she accepted the warning. The Manager advised her that there would be a follow up review with the Manager in two weeks but that never happened.

On the 17^thNovember she was called into work early to cover a shift. The Regional Manager who had travelled down from Dublin was present and was talking to her manager. She was then called into a backroom by the Regional Manager and told that she was being fired effective immediately. She was handed a letter that stated she was still on probation and had received a verbal warning and that the company had decided to end her employment as they did not consider her a good fit.

While the Workers contract contains a disciplinary procedure, neither that procedure nor any procedure was followed in coming to the decision to dismiss her.

Discussion and Recommendation.

It is clear to the Court from the Worker’s submission that she was not afforded any process or opportunity to engage with the Employer as required under the Code of Practise on Grievance and Disciplinary Procedures, S.I. No. 146/2000. The Court recommends that the Employer pay the Worker compensation of €1,850.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
CO'R	______________________
11 July 2023	Deputy Chairman