LCR22872

PARTIES:

DIVISION:

SUBJECT:

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

BACKGROUND:

The Worker referred this case to the Labour Court on 11 August 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 22 November 2023.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties. The Court, at its hearing, clarified to the parties that no matter of law was before the Court and that, rather, a referral had been made under the Industrial Relations Acts by the worker. The worker, in making the referral, had undertaken to accept the recommendation of the Court in the matter whereas, in accordance with the statute, no such undertaking had been given by or required from the named employer.

The Court confirmed to the parties that it would, as required by the statute, provide a Recommendation setting forth its opinion on the merits of the dispute and the terms on which it should be settled.

There was no consensus between the parties about the most fundamental of factual matters including as regards the validity of various documents submitted by the named employer and purportedly signed by the worker.

The worker’s employment was terminated by the employer some four months after it commenced and during the contractually agreed period of probation. The employer submitted that the worker had been adjudged to have caused concern as regards her approach and attitude to work and an ongoing confrontational and argumentative challenge when relaying tasks. The worker did not accept that any such concerns were valid.

It appears to be agreed that the worker attended three probation / performance review meetings during her period of employment. The employer submitted that issues with the performance of the worker in the areas of teamworking and what was perceived to be her confrontational approach were raised with the worker at these meetings. The worker did not accept that such matters were raised at these meetings.

It did appear to be agreed that at all times the worker had been provided with a business coach to support her.

The Court has reviewed the documentation supplied by the parties together with their oral submissions given at the hearing. The Court concludes that the termination of the employment of the worker was, on the balance of probability, fair and within the terms of the probation arrangements agreed by the parties in the contract of employment.

In those circumstances, the Court recommends that both parties accept that the only reasonable basis for settlement of their dispute is to accept that the relationship was not sustainable and to regard their trade dispute as resolved.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
CDK	______________________
30 November 2023	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Coleen Dunne Kennedy, Court Secretary.