LCR22577

1. Alleged unfair dismissal

BACKGROUND:

2. This dispute concerns a complaint in relation to treatment by the company. The Worker referred this case to the Labour Court on 27 January 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 12 April 2022.


WORKER’S ARGUMENTS:

3. 1. The worker was dismissed on 22nd January 2021.

2. The employer failed to follow the procedures laid out in the employee handbook when they dismissed the worker and failed to provide him with any substantial reason for dismissal.


EMPLOYER'S ARGUMENTS:

4. 1. The employer did not attend the Labour Court Hearing, nor did they provide a written submission.

RECOMMENDATION :

This matter comes before the Court as a referral by the worker arising from his dismissal by the employer on 22^nd January 2021. The employer did not attend the hearing of the Court and consequently the Court was deprived of the employer’s position in relation to the matter giving rise to the trade dispute.

The worker commenced his employment on 23^rd March 2020. His salary at the date of dismissal was €40,000 per annum in respect of a four-day week.

The contract of employment of the worker provided for a six-month probationary period. At the end of six months of employment in September 2020 the Chief Executive confirmed to him that he had completed his probation.

The worker was dismissed on 22^nd January 2021. He submitted that no fair procedure was followed in advance of his dismissal, and he was not provided with notice in advance of a decision to dismiss him, that his employment was at risk or that his dismissal was in contemplation at all. He was afforded no opportunity to be represented at the meeting where the decision to dismiss was conveyed to him and no practical opportunity to appeal that decision was provided to him.

In the absence of the employer the Court must take the submission of the worker to be a fair and accurate account of events leading to his dismissal. The Court has, on many occasions, emphasised the necessity for an employer to follow a fair procedure when a worker is at risk of the loss of his employment. In this case the employer followed no meaningful procedure at all and terminated the worker’s employment without affording him an opportunity to defend himself in the face of any charge against him.

In all of the circumstances, it is the view of the Court that the worker was unfairly dismissed from his employment. Having reached that conclusion the Court recommends that the employer pay to him the sum of €10,000 in full and final settlement of this trade dispute.

The Court so recommends

	Signed on behalf of the Labour Court
	Kevin Foley
OC	______________________
25 April 2022	Chairman