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FULL RECOMMENDATION
| CD/20/224 |
RECOMMENDATION NO. LCR22267
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SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES :
GROSVENOR CLEANING SERVICES
- AND -
A WORKER
DIVISION :
| Chairman: |
Mr Geraghty |
| Employer Member: |
Mr Marie |
| Worker Member: |
Mr Hall |
SUBJECT:
1. Dismissal Without Warning
BACKGROUND:
2.
WORKER’S ARGUMENTS:
The Worker’s employment with the Company was terminated without recourse to proper procedure and without being given specific details of what he was alleged to have done wrong.
COMPANY'S ARGUMENTS:
The Company received a request from the customer that the Worker be removed from the contract and in accordance with the Company’s services contract with the customer, the Company are required to carry out such requests.
The Company did not have suitable replacement hours available to offer the Worker and, therefore, the Company had no alternative but to exercise its right to terminate his employment.
The Company acted in accordance with the Worker's terms and conditions of employment.
RECOMMENDATION :
The Court has constantly made the point that workers with less than the required service to be covered by the Unfair Dismissals Act are entitled to fair procedures before any dismissal can be deemed to be fair.
It is not disputed that there were no procedures utilised in the instant case.
It follows, therefore, that the Court is not satisfied that the Employer behaved reasonably and that the dismissal is, therefore, unfair.
The Court recommends that the Employer pay compensation of €4,000 to the Worker.
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Signed on behalf of the Labour Court |
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Tom Geraghty |
| NJ |
______________________ |
| 09 OCTOBER 2020 |
Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Noel Jordan, Court Secretary.
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