LCR22894

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

BACKGROUND:
The Worker referred this case to the Labour Court on 27 September 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 20 December 2023.

RECOMMENDATION:

A Labour Court hearing took place on 20 December 2023. The employer wrote to the Court to advise that it would not attend the hearing.

As the employer did not attend the hearing, the Court was deprived of any understanding of the employer’s perspective and accepts the undisputed facts as presented by the Worker.

The Court has given careful consideration to the submission of the Claimant in this case.

The Claimant asserts that she commenced employment on 2 August 2022, and successfully completed her probationary period in November 2022. She contends that her employment was abruptly terminated without warning after 9 months service, when she was invited to a business meeting under false pretences. There was no prior indication of performance issues and no performance improvement plan. She was summarily dismissed without procedures.     

On the basis of the uncontested submission of the Claimant, the Court concludes that no fair procedures were employed in arriving at the decision to terminate the Claimant’s employment.  As a result, the Court finds that she was unfairly dismissed.

In all of the circumstances the Court recommends that the employer pay to the Claimant the sum of €20,000, which is equivalent to three months’ pay, as compensation in full and final settlement of the matter in dispute.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
CDK	______________________
21 December 2023	Deputy Chairman