LCR22257

1. Alleged Unfair Dismissal

BACKGROUND:

2. The case concerns a claim by the Worker that he was unfairly dismissed without recourse to proper procedures.
The Employer’s position is that this matter was dealt with appropriately in accordance

with the procedures as laid out in his employment contract.

On 21 February 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 3 September 2020.


WORKER'S ARGUMENTS:

The contract of employment states that employee performance will be reviewed during the probationary period. Other than at the meeting regarding the termination of the Worker’s employment with the Company, no other documented conversations or meetings took place regarding the Worker’s performance.

COMPANY'S ARGUMENTS:

The contract of employment states that the Worker can be terminated at any time during the probation period by the Company giving notice in line with statutory notice period.

Section 30 of the handbook states “ The principles of this policy will not apply during an employee’s probation period, however any employee dismissed during their probation should be invited to attend a meeting to discuss their performance, behaviour and their employment” The Company followed this policy when inviting the Worker to the meeting at which he was dismissed.

RECOMMENDATION :

This Court has been clear and consistent in its view that workers on probation are entitled to the same fair processes that are applicable to workers with more than 12 months’ service with their employer, prior to any decision being taken to dismiss.

The Court is not satisfied that the Worker in this case was afforded fair process.

Therefore, the Court recommends that the Employer pay the Worker a sum of €5000 in compensation.

	Signed on behalf of the Labour Court
	Tom Geraghty
NJ	______________________
23 September 2020	Deputy Chairman