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FULL RECOMMENDATION
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CD/20/311
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RECOMMENDATION NO. LCR22350
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SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES :
HAYS RECRUITMENT
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
A WORKER
DIVISION :
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Chairman:
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Mr Geraghty
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Employer Member:
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Mr Marie
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Worker Member:
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Ms Tanham
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SUBJECT:
1. Unfair Dismissal
BACKGROUND:
2. This dispute concerns an alleged unfair dismissal. The Worker referred this case to the Labour Court on 30 October 2020 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 27 January 2021.
WORKER’S ARGUMENTS:
3. 1. The worker claims that they were bullied and harassed by management.
2. The Worker never received feedback on their performance and no valid reason was given for their dismissal.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer did not attend the hearing but wrote to the Court in advance. Their position is set out below.
2. The claim which is the subject matter of the proceedings was covered in a settlement agreement.
3. The signed agreement states that it is a full and final settlement of all claims arising from the Claimant’s Employment with the Respondent.
RECOMMENDATION :
The Employer did not attend the Court hearing. However, they submitted, in advance, a signed legal agreement between the Worker and the Employer that is a full and final settlement of all claims arising from the Worker’s employment with the Employer. This agreement includes expressly any claims under the Industrial Relations Acts 1946 to 2015.
The Court is obliged to issue a Recommendation in respect of any cases referred to it in compliance with the terms of s.20(1) of the Industrial Relations Act 1969, as in this case.
The only course available to the Court is to recommend that the Worker note the terms of agreement reached between her former Employer and herself and the fact that the Court does not believe itself to be in a position to interfere with the terms of said agreement.
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Signed on behalf of the Labour Court
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Tom Geraghty
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OC
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______________________
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01 February 2021
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Deputy Chairman
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NOTE
Enquiries concerning this Recommendation should be addressed to Orla Collender, Court Secretary.
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