LCR22566

FULL RECOMMENDATION

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

KINGSPAN AEROBOARD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER

DIVISION :

SUBJECT:
1. Dismissal after some days in employment.



BACKGROUND:
2. This dispute concerns the dismissal of the Worker who referred this case to the Labour Court on 20 October 2021 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 3 March 2022.



WORKER’S ARGUMENTS:
3. 1. The Worker informed the Employer that he was unwell on the second day in the employment and could not attend the workplace. The Employer requested that he attend the workplace, even though he was too unwell to drive.

2. On the third day, the Worker attended the workplace and the Employer dismissed him.

3. The Worker had left previous employment to take up employment with the Employer, with no option to return to that job.

EMPLOYER'S ARGUMENTS:
4. 1. The Employer submits that there was justifiable grounds for the dismissal of the Worker.

2. Concerns were raised with the manner in which the Worker acted at the Return-to-Work interview. This led to a reference check with the Worker’s former employers. The reference was not positive.

3. The Worker was advised that his employment would not be continued and he was paid for the time that he had worked.

RECOMMENDATION :

The Court has concerns regarding the lack of procedure leading to the termination of employment. However, in the circumstances of the case, the Court is unable to make a recommendation for any compensation.

NOTE

Enquiries concerning this Recommendation should be addressed to Orla Collender, Court Secretary.