LCR15297

FULL RECOMMENDATION CD/96/409 RECOMMENDATIONNO.LCR15297 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CHAMPION SPORTS - AND - A WORKER DIVISION : Chairman: Employer Member: Worker Member:

SUBJECT:
1. Alleged unfair dismissal.




BACKGROUND:

2. The worker concerned commenced employment with the Company on 23rd May, 1995 at its warehouse in Aston Quay, Dublin. He was employed on probation for 3 months and was paid £3.38 per hour for all hours worked. His employment was terminated on 25th September, 1995.

The worker claimed that he had been unfairly dismissed and referred the matter to the Labour Court on 11th July, 1996 under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 20th August, 1996. Prior to the hearing the Company informed the Court that it would not be represented at the hearing.



WORKER'S ARGUMENTS:

3. 1. On Saturday 23rd September, 1995 a meeting took place between management and staff at which the staff were requested to work on Sunday. The worker concerned sought permission to finish working at approximately 5p.m. on Sunday. The meeting became heated and management stated that any employee who failed to attend on Sunday need not come back to work again.



2. The worker finished his Sunday working at about 6p.m. When he reported for work on Monday 25th September he was informed by management that his employment was terminated. Two other workers who had voiced their concern at the meeting on Saturday were also dismissed.

3. The worker received no complaints from management in relation to his work performance, punctuality, attitude or general demeanour. He regularly worked 12 hour shifts in poor working conditions and without proper meal breaks. He was unfairly dismissed by management.





RECOMMENDATION:

The Court notes that the Company declined to attend the hearing and submitted its views on the case prior to the hearing.

Having considered the submissions from the parties the Court is satisfied that the claimant was unfairly treated in that he was out of his probationary period and received no written warnings and accordingly recommends that he be paid a sum of £500 as compensation.



Signed on behalf of the Labour Court



Evelyn Owens
28th August, 1996______________________
F.B./D.T.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.