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LCR22635

FULL RECOMMENDATION

CD/22/60
RECOMMENDATION  NO.  LCR22635

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
PHILIP LEE SOLICITORS

- AND -

A WORKER


DIVISION :

Chairman: Mr Foley
Employer Member: Ms Doyle
Worker Member: Ms Tanham

SUBJECT:

1. Unfair Dismissal.

BACKGROUND:

2. The Worker referred this case to the Labour Court on 14 March 2022 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 30 June 2022.




RECOMMENDATION :

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

The parties disagree significantly on the facts of events alleged to have occurred during the period of the worker’s employment with the employer. It is clear however that the employment ended on 27th January 2022 and that the worker secured further employment at a significantly higher rate of pay shortly afterwards.

The employer contends that because the worker was dismissed during a probationary period there was no obligation resting upon it to conduct a fair procedure in relation to his dismissal. The Court does not accept this proposition. In the view of the Court there can be no sound basis in good industrial relations to deprive a worker of fair procedure when he or she is at risk of the loss of their employment.

In this case the employer does not contend that any fair procedure was followed in arriving at the decision to terminate the workers employment.

The Court has regard to the circumstances of this matter and concludes that, notwithstanding the dispute between the parties in respect of every factual element of the worker’s employment which was referred to at the hearing of the Court, it is appropriate that the dispute should be resolved by a gesture from the employer to recognise that good industrial relations would have been better served by the application of fair procedure in arriving at a decision to dismiss the worker.

Having regard therefore to all of the circumstances, the Court recommends that the employer should pay a sum of €3,000 to the worker as a gesture towards good industrial relations and in full and final settlement of the dispute.

The Court so recommends.

Signed on behalf of the Labour Court
Kevin Foley
CO'R ______________________
3 August 2022 Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.