LCR15468

FULL RECOMMENDATION CD/96/646 RECOMMENDATIONNO.LCR15468 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SANDY GROVE LIMITED (T/A BUCKLEYS FIREPLACES) - AND - A WORKER DIVISION : Chairman: Mr McGrath Employer Member: Mr Pierce Worker Member: Mr Walsh

SUBJECT:
1. Alleged unfair dismissal.





BACKGROUND:

2. The worker concerned commenced employment with the Company in April, 1996. He was employed on a part-time basis (2 days per week) and his duties involved fitting fireplaces. In August, 1996, following an increase in business the worker was employed on a full-time basis. His employment was terminated on 30th October, 1996.

The worker claimed that he had been unfairly dismissed and referred the matter to the Labour Court on 9th November, 1996 under 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 20th January, 1997.

An invitation to attend a Rights Commissioner's hearing was declined by the Company. The worker did not attend the hearing.



COMPANY'S ARGUMENTS:

3. 1. The worker was late for work on numerous occasions and his level of absenteeism was unacceptable.




2. The worker's failure to report for work as arranged led to a continuous disruption of the Company's work schedule. This caused considerable inconvenience. The worker's behaviour left management with no alternative but to terminate his employment.





RECOMMENDATION:

The complainant did not attend the hearing and the Company agreed to the Court proceeding to hear the case.

Having considered the complainant's statement, the response of the employer and the employer's submission the Court found that given all of the circumstances the dismissal of the worker concerned was not unfair.



Signed on behalf of the Labour Court



Tom McGrath
3rd March, 1997______________________
F.B./D.T.Deputy Chairman



NOTE

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