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LCR22125

FULL RECOMMENDATION
CD/19/284
RECOMMENDATION NO. LCR22125

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
GEORGE TRACEY

- AND -

A WORKER



DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Marie
Worker Member: Ms Treacy
SUBJECT:
1. Unfair Dismissal


BACKGROUND:

2. The worker made a complaint to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 on 26th August 2019. A Labour Court hearing took place on 23rd October 2019.



3. WORKER'S CASE:
  • 1. The worker claimed that he was unfairly dismissed from his employment with no notice by his former employer.

    2. The worker claimed that he was not the last person to be hired therefore he should not have been the first person to be dismissed.
4. EMPLOYER'S POSITION:
  • 1. The Employer did not attend the hearing before the Court.
The following is the recommendation of the Court:-

RECOMMENDATION :

This matter before the Court is a claim by the worker under Section 20(1) of the Industrial Relations Act, 1969. His former employer did not attend the hearing of the Court. A statement outlining the reasons for its non-attendance was submitted to the Court. The Claimant commenced employment as a Chimney Sweep and Technician on 10th October 2018. He claimed that he was unfairly dismissed when he was let go from his employment on 12th July 2019. He claimed that he was not the last person recruited and consequently should not have been the first to go in circumstances where there was not enough work available.

Having considered the circumstances and manner of his dismissal, the Court recommends that he should be paid €750.00 compensation, which should be paid by his former employer within four weeks of the date of this Recommendation.

The Court so Recommends.




Signed on behalf of the Labour Court



Caroline Jenkinson
FMc ______________________
4th November 2019 Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Fiona McCarthy, Court Secretary.