LCR22985

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer No: ADJ-00048295 (CA-00059309-01).

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 30 March 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 14 June 2024.

DECISION:

This matter comes before the Court as an appeal by the worker against a recommendation of an Adjudication Officer in his original referral of a trade dispute with his former employer.

The role of the Court in this matter is to give its opinion, based on the merits of the trade dispute, as to how it might be resolved.

The Court notes the detail of the matters in dispute between the parties. These matters gave rise to the summary dismissal of the worker.

The Workplace Relations Commission statutory Code of Practice on Grievance and Disciplinary Procedures emphasises the importance of fair procedure when disciplinary matters arise and states as follows:

• That details of any allegations or complaints are put to the employee concerned
• That the employee concerned is given the opportunity to respond fully to any such allegations or complaints
• That the employee concerned is given the opportunity to avail of the right to be represented during the procedure
• That the employee concerned has the right to a fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the employee and any other relevant or appropriate evidence, factors, circumstances.

The parties dispute the significance and seriousness of the events which gave rise to the termination of the employment of the worker, but do not dispute the underlying factual matrix of events. The employer summarily dismissed the worker without providing him with an opportunity to defend himself or to appeal the decision to dismiss him, which was conveyed to him by ‘phone.

The Court considers that the failure of the employer to operate any procedure at all or to observe the fundamental principles of natural justice are such as to mean that a meaningful gesture should be made to bring about full and final settlement of this trade dispute.

In all of the circumstances, the Court decides that the employer, as a gesture of goodwill, should make a payment of €5,000 to the worker in final resolution of this trade dispute.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
ÁM	______________________
19th June 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Áine Maunsell, Court Secretary.