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FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PRL GROUP
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - WORKER DIVISION : Chairman: Mr Geraghty Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Unfairly Dismissed
BACKGROUND:
2. The case concerns the dismissal of the Worker. He commenced employment with the Employer as a casual Driver. He was promoted to a role in Business Development in March 2019. In June 2019, he was told that he was not working out in his new role.
The Employer said that the Worker was not dismissed from employment but had simply failed his probation in a promotional role. The Worker could have remained with the Employer in his substantive role as a Driver.
The Worker said that he was dismissed without any explanation and that he was not provided any certainty of work as a Driver.
On the 31 October 2019, the Worker referred the dispute to the Labour Court 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 the 10 January 2020.
WORKER'S ARGUMENTS:
3. 1. He was offered a full-time permanent position without any probationary period. He was more than capable in the role in Business Development.
2. He did not receive a contract of employment or any grievance or disciplinary procedures.
3. He did not receive any reasons in writing regarding his dismissal.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker was not dismissed from his employment.
2. The promotional position was not the right fit for the Worker.
3. The Worker could have remained with the Employer in his substantive role as a Driver.
RECOMMENDATION :
The Employer accepts that no formal review of performance was undertaken prior to the decision to remove the Worker from the role in question. For this reason, the Court recommends that compensation of €750 should be paid to the Worker.
Signed on behalf of the Labour Court
Tom Geraghty
CR ______________________
16 January, 2020 Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.