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LCR22019

FULL RECOMMENDATION
CD/19/64
RECOMMENDATION NO. LCR22019

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
GLOBAL STEEL MANUFACTURING LTD

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION :

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Mr Hall
SUBJECT:
1. Dismissal


BACKGROUND:

2. On the 18th January, 2019 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th June, 2019..

The Worker agreed to be bound by the Court’s Recommendation.

RECOMMENDATION :

The Court has given careful consideration to the submission of the Claimant in this case. The employer did not attend the hearing of the Court and consequently the Court was deprived of any understanding of the employer’s perspective.

On the basis of the uncontested submission of the Claimant the Court concludes that no fair procedures were employed in arriving at the decision to terminate the Claimant’s employment. The Court notes that the employment was terminated shortly before the one-year anniversary of his engagement by the employer.

In all of the circumstances the Court recommends that the employer pay to the Claimant the sum of €12,000 in compensation for the loss suffered as a result of his unfair dismissal.




Signed on behalf of the Labour Court



Kevin Foley
TH ______________________
12 June 2019 Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.