LCR22455

FULL RECOMMENDATION

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

LEVETS LTD. T/A FAST FIT & FIRST STOP
(REPRESENTED BY MS. MARY-PAULA GUINNESS B.L.)

- AND -
A WORKER

DIVISION :

SUBJECT:

1. The case concerns a claim of unfair dismissal.

BACKGROUND:

2. On the 8 June 2021, 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 20 August 2021.





RECOMMENDATION :

The Court has given very careful consideration to the written and oral submissions of the parties.

The worker has referred this matter to the Court under Section 20(1) of the Industrial Relations Act, 1969. The worker claims that he was wrongfully dismissed and seeks compensation as a result. The employer denies that wrongful dismissal took place but does acknowledge that the decision to dismiss, which was taken during the probationary period, should have been taken only after the exercise of fair procedure which did not happen.

The worker makes a series of allegations relating to his experience in the employment which are rejected by the employer. The employer asserts that the worker was aware of a comprehensive range of policies dealing with issues including the prevention of bullying and harassment. The employer asserted that the worker raised no grievance under the clearly stated grievance policy during his employment. These assertions of the employer are not disputed by the worker.

The Court notes that the worker has alleged that certain colleagues behaved in a racist manner towards him and in reference to a customer. The Court is not, in exercise of its jurisdiction under the Industrial Relations Acts, in a position to determine in law whether the alleged incidences of racism occurred and makes no finding in that respect.

The Court does however set out clearly that racism in any form is totally unacceptable in the workplace. Such behaviour by workers, whenever it occurs and whether in reference to a colleague or customer, offends against a range of statutes and against the dignity of all workers and customers.

The Court notes the acknowledgement in this case by the worker’s former employer that the manner of his dismissal did not meet the standards to which it would wish to aspire in terms of the application of fair procedures. It is clear to the Court that the worker was not made aware of any issue with his performance and was not given an opportunity to know the case against him or to respond to that case. Neither was he given the opportunity to address, with support, any concerns the employer might have had with his performance.

In those circumstances, and noting that all workers are entitled to observance of fair procedure by their employer when dismissal may result, recommends that the employer should make a payment to the worker of €4,000 in full and final settlement of this trade dispute.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to Shane Lyons, Court Secretary.