| CD/24/76 | RECOMMENDATION NO. LCR22993 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
AND
A WORKER
DIVISION:
| Chairman: | Ms Connolly |
| Employer Member: | Mr Marie |
| Worker Member: | Ms Tanham |
SUBJECT:
Hired with holidays booked which was agreed verbally many times. Dismissed because holidays were not at a good time.
BACKGROUND:
The Worker referred this case to the Labour Court on 28 February 2024 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 21 June 2024.
RECOMMENDATION:
A Labour Court hearing took place on 21 June 2024. The employer, through its representative, 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 the opportunity to enquire into the employer’s perspective and so accepts the undisputed facts as presented by the Worker.
The worker told the Court that she commenced employment in December 2023. At the interview she advised the employer that she had pre-booked travel dates in February to Brazil and the interviewer assured her that there would be no problem accommodating her leave request.
In January 2024 she was advised that her leave request could not be accommodated as she was required to work three days during that period. She was instructed to change her travels dates or, alternatively, her employment would be terminated at the end of January 2024. At that stage it was too late for the worker to rearrange her flights, as she could not afford the cost of rescheduling her flights.
The worker said that she has been treated unfairly as she had a verbal agreement with the employer about her leave request and was subsequently fired when the dates no longer suited the employer.
Having regard to all the circumstances, the Court recommends that the employer pay to the worker the sum of €1,500, as a goodwill gesture in full and final settlement of this matter.
The Court so recommends.
 | Signed on behalf of the Labour Court |
| |
| Katie Connolly |
| AR | ______________________ |
| 24 June 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Aidan Ralph, Court Secretary.