LCR22434

1. Unfair Dismissal.

BACKGROUND:

2. The case concerns a claim of unfair dismissal.

On the 4 January 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 22 June 2021.

RECOMMENDATION :

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

The Claimant in this case commenced employment with the employer on 15^th June 2020 and was dismissed from that position on 19^th June 2020. He contends that he was unfairly dismissed from the employment while the employer contends that he was dismissed while on probation for poor performance.

The Court has not been presented with any objective analysis of the performance of the Claimant during the four days of his employment and consequently is unable on any objective basis to take a view as to the reasonableness of the decision of the employer to dismiss.

In all of the circumstances and without prejudice to the position of either party in relation to this trade dispute, the Court recommends that the employer should make a goodwill gesture towards the Claimant in the form of a payment of €500 in full and final settlement of all matters associated with the employment of the Claimant.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
SL	______________________
23 July 2021	Chairman