CD/24/43 | RECOMMENDATION NO. LCR23039 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
MINISTRY BRANDS LIMITED
AND
A WORKER
(REPRESENTED BY HONEY SUKESAN)
DIVISION:
| Chairman: | Mr Foley |
| Employer Member: | Mr Marie |
| Worker Member: | Ms Treacy |
SUBJECT:
Worker was dismissed during their probation period.
BACKGROUND:
The Worker referred this case to the Labour Court 31 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 13 August 2024.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the worker. The employer chose not to attend the hearing of the Court as was its entitlement. The employer did however write to the Court to make the Court aware of its decision in advance.
A peculiarity of the material submitted to the Court by the parties is that both parties submitted a document purporting to be the letter of termination of the worker dated 23rd November 2023 and both purportedly issued by the Software Development Team Lead. The peculiarity arises from the fact that the letters differ from each other.
The worker has interpreted his contract of employment to mean that he should have been paid up to the end of his probation period. He also seeks a statement of his service with the employer.
It is clear that the termination of the employment was preceded by procedures wherein his performance was reviewed. He was permitted to be accompanied by a colleague at the meeting which resulted in the termination of the employment, and he was granted an appeal of that decision.
In all of the circumstances, the Court recommends that the employer should take steps to resolve this trade dispute by (a) making a gesture of goodwill to the former employee in the form of an additional weeks pay, and (b) providing the worker with a statement of his employment.
This recommendation should be accepted as full and final settlement of all matters in dispute
The Court so recommends.
 | Signed on behalf of the Labour Court |
| |
| Kevin Foley |
| CC | ______________________ |
| 09 September 2024 | Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.