LCR22964

PARTIES:

DIVISION:

SUBJECT:

Worker S20(1) (Section 20(1) Referral)

BACKGROUND:

The Worker referred this case to the Labour Court on 15 January 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 02 May 2024.

DECISION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The worker has unilaterally referred a trade dispute he contends he has with his former employer to the Court under Section 20(1) of the Industrial Relations Act, 1969. In accordance with the provisions of that Act, he has undertaken to accept the Recommendation of the Court in the matter. No undertaking to this effect is required of the employer.

The worker submits that he was dismissed by the employer during his probationary period and that his dismissal was not fair. He submits that the employer’s contention that he was dismissed for performance related reasons was not supported by the facts of his period of employment. He also contends that the employer did not afford him fair procedure or natural justice in dismissing him.

The employer submits that the worker was dismissed for performance related reasons and that his dismissal while on probation was within the terms of his contract of employment. The employer submits that he was afforded fair procedure.

At the hearing of the Court, it became clear that the dismissal of the worker is the subject of a complaint by him made under statute. That complaint will fall to be adjudicated in the first instance by the Workplace Relations Commission and, potentially, by this Court on appeal.

The Court takes the view that the conduct of effective industrial relations requires the exercise of pragmatism, realism and common sense. In the within matter the worker has sought a non-legally binding Recommendation from the Court which would be capable of voluntary acceptance by the employer and acceptance by him as a means of resolving the within dispute. Against the background of the existence of a justiciable complaint grounded in the same matter made under statute, the Court does not believe that any substantive opinion of the Court given in the form of a Recommendation purporting to address the dismissal of this worker, has the potential to achieve a resolution of this trade dispute.

In all of the circumstances therefore, the Court recommends that the parties, in exercise of common sense, realism and pragmatism, accept that their industrial relations trade dispute relating to the dismissal of the worker is resolved.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
AR	______________________
15 May 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.