LCR22829

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

BACKGROUND:

2.This dispute concerns a dismissal. The Worker referred this case to the Labour Court on 27 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 on29 September 2023.

RECOMMENDATION:

The Worker was dismissed after 7 weeks’ employment with the Employer.

Unfortunately, the Employer chose not to attend the Court hearing. As a consequence, the Court received only arguments from the Worker.

On the uncontradicted submission of the Worker, the Court is obliged to conclude that she was dismissed without any process being applied and without any opportunity being offered to her to put forward her arguments to her Employer.

This Court has noted consistently that employers should extend fairness in procedure to all employees when the possibility of dismissal is in consideration, even when an employee has insufficient service to enable them to avail of the protections of the Unfair Dismissals Act. Accordingly, the Court recommends that the Employer, in acknowledgement of a failure to apply fair process, should pay compensation of €5,000 to the Worker.

	Signed on behalf of the Labour Court
	Tom Geraghty
DC	______________________
02 October 2023	Deputy Chairman