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FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AUT EVEN HOSPITAL
(REPRESENTED BY IBEC) - AND - DR AMIR TAHERZADEH DIVISION : Chairman: Mr Geraghty Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Compensation
BACKGROUND:
2. This dispute concerns a dismissal.
The Worker referred this case to the Labour Court on 8 March 2018 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 28 May 2019.
RECOMMENDATION :
The Complainant was employed by the Hospital for 7 weeks and is most aggrieved at what he perceives as unfair and discriminatory treatment towards him, culminating in his dismissal. The Respondent chose not to turn up to the hearing and, as a result, the Court was not afforded the opportunity to hear the details of the employer’s perspective. However, it is clear that the Complainant was dismissed without any due process. He was not afforded any opportunity to put his case prior to the decision to dismiss.
Even employees with less than the 12 months’ service required to be covered by the Unfair Dismissals Act are entitled to be protected from arbitrariness, as this Court has observed on many previous occasions.
In the instant case the Respondent denied the Complainant the right to be heard and that renders unfair the decision to dismiss, in the view of the Court. Accordingly, the Court recommends that the Respondent pay a sum of €5,000 to the Complainant in compensation.
Signed on behalf of the Labour Court
Tom Geraghty
MK ______________________
30 May 2019 Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.