LCR22387

1. Unfair Dismissal

BACKGROUND:

2. This dispute concerns the worker’s claim for due process and compensation. The Worker referred this case to the Labour Court on 4 September 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 24 March 2021.


WORKER’S ARGUMENTS:

3. 1. The Employer provided a contract of employment to the Worker, with no provision for a probationary period.

2. The Employer did not follow the disciplinary policies and procedures outlined in their contract.


EMPLOYER'S ARGUMENTS:

4. 1. The Employer did not attend the hearing.




RECOMMENDATION :

This matter comes before the Court under Section 20(1) of the Industrial Relations Act, 1969. The Claimant contends that she was unfairly dismissed from her employment by her former employer after approximately four months of employment. The former employer did not attend the hearing of the Court and neither was a submission received from the former employer.

The Claimant was provided by the former employer with a contract of employment upon commencement of her employment which made no provision for a probationary period.

The former employer had in place, according to the Claimant, a set of disciplinary procedures which formed part of the contract of employment of the Claimant. None of the procedures set out in her contract of employment were followed by the former employer in dismissing her from her employment. She was not afforded representation at the meeting which led to her dismissal and she was not advised in advance of the purpose of that meeting.

The Court concludes that the written procedures of the former employer which formed part of the contract of employment between the former employer and the Claimant were not followed in the dismissal of the Claimant. The Court further concludes that the process followed by the former employer to dismiss the Claimant did not accord with Statutory Instrument number 146 of 2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000.

In all of those circumstances, the Court recommends that the former employer should pay to the Claimant the sum of €1,500 in full and final settlement of the matter in dispute.

The Court so recommends

	Signed on behalf of the Labour Court
	Kevin Foley
OC	______________________
31 March 2021	Chairman