LCR22901

SUBJECT:

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

BACKGROUND:

The Worker referred this case to the Labour Court on 23rd 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:

The Referral

This matter came before the Court pursuant to section 20(1) of the Industrial Relations Act 1969 (‘the Act’), the Respondent (Shane Santry & Associates Limited T/A SSA Architects) having declined to attend before the WRC under section 13 of the Act. There was no appearance by or on behalf of the Respondent at the within hearing.

Factual Background

The Worker is a qualified architect. On 2 May 2023 she received an offer of employment as a Graduate Architect with the Respondent at an annual basic salary of €35,000.00 plus a €5,000.00 discretionary bonus. At the time, the Worker held a Stamp 2 visa. The Respondent had been put on notice of this by the Worker when she applied for a position with it. The Respondent confirmed in writing (also on 2 May 2023) that it was happy to proceed with the offer of employment and to apply for a Stamp 1 visa on the Worker’s behalf following commencement of her employment with it. The Worker, on that basis, proceeded to give formal notice to her then current employer and commenced employment with the Respondent on 10 May 2023. The Worker’s employment was terminated, without notice, by the Respondent less than two weeks later, on 19 May 2023. The Worker found it very difficult to source alternative employment as an architect. She commenced work as a waitress approximately one month after the Respondent terminated her employment. She was also forced to defer commencement of her master’s degree in architecture as a consequence of the Respondent’s actions.

Recommendation

The Worker’s contract of employment provides for a notice period of one month. The Worker was given no notice of her termination and nor did she receive payment in lieu. Furthermore, it appears no procedures were followed by the Respondent prior to effecting the Worker’s dismissal. In all the circumstances, therefore, the Court recommends that the Respondent pay the Worker compensation of €5,000.00 for the unfair manner in which her employment was summarily terminated. The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
SOC	______________________
11 January 2024	Deputy Chairman