LCR22255

1. Dismissal With No Notice, Following Only Positive Feedback

BACKGROUND:

2. The case concerns a claim by the Worker that he was unfairly dismissed without recourse to proper procedures.

The Employer was not in attendance.

On 28 January 2020, the Worker, referred this 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 31 August 2020.


WORKER’S ARGUMENTS:

No issues were raised by the Company regarding my work performance, I had received only positive feedback and no indication was given to me of any dissatisfaction with my work.

I had only a month previous to my termination passed my 6 month probation mark without negative comment to me on my work performance.

Discussion between my Employer and my replacement began some two months before my termination.


COMPANY'S ARGUMENTS:

The Employer was not in attendance at the hearing.

RECOMMENDATION :

The Employer did not attend at the hearing.
The Worker was employed on a Permanent Part- Time contract to work three days a week. He commenced work with the Employer on the 8^th May 2019 and his employment was terminated on the 10^th December 2019. The Worker successfully completed his six-month probation in November 2019. On the 10^th December 2019 the Worker was informed by the General Manager that they were letting him go because things had not worked out. The Worker was completely surprised by this statement as no issue had ever been raised with him. The Worker drew the Courts attention to a letter he had discovered from a GDPR request dated the 2^nd December 2019 purporting to dismiss him. The Worker told the Court that the letter was never given to him but shows that the Employer was planning to dismiss him in advance of the 10^th December 2017 his actual date of dismissal

The Court has carefully considered the written and oral submissions of the Worker.
The Court is satisfied on the information provided to it, that the Employer failed to adhere to the requirements of the Code of Practice on Grievance and Disciplinary Procedures made under section 42 of the Industrial Relations Act 1990 and contained in (S.I 146 of 2000), before the decision to dismiss the Worker was taken.

The Court has concluded that Worker was treated unfairly in the manner in which his employment was terminated.

The Court recommends that the Employer pay the Worker compensation in the amount of €18,000 in full and final settlement of the claim before the Court.

	Signed on behalf of the Labour Court
	Louise O'Donnell
NJ	______________________
22 September 2020	Deputy Chairman