LCR22711

1. Appeal Of Adjudication Officer Decision No(s) ADJ-00037221 CA-00040397-001

BACKGROUND:

2. The Worker appealed the Recommendation of the Adjudication Officer to the Labour Court on 25 May 2022 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 26 July 2021 the Adjudication Officer issued the following Recommendation

"Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. I recommend the Respondent offer the Complainant the sum of €770 compensation equivalent to two weeks’ pay, in settlement of this dispute".

A Labour Court hearing took place on 29 November 2022.
The following is the Decision of the Court:-




DECISION:

The worker was employed by the employer for four days. At the end of that period of time he was dismissed.

The employer submitted that the worker was dismissed because he was argumentative and disruptive on an induction training programme upon which he was placed and remained throughout his short period of employment.

The worker claims that his dismissal was unreasonable and unfair.

The difference between the parties’ positions as regards the termination of the worker’s employment, together with a claim by the worker that he should be re-imbursed certain expenses constitutes the trade dispute before the Court.

The worker has made a complaint under the Employment Equality Act, 1998 regarding the termination of his employment and, in that matter, he contends that his dismissal was unlawful having regard to the provisions of that Act.

The worker’s complaint under the Employment Equality Act, 1998 arises from the same set of facts as have been put before the Court in the within trade dispute.

Having regard to these circumstances the Court recommends that the parties accept that the within trade dispute insofar as it concerns the termination of the Appellant’s employment has been or will be resolved by virtue of the determination by this Court of a complaint made on the same set of facts under a binding statute.

Separately from the termination of his employment, the Appellant submitted that he had undertaken expenses in connection with the commencement of his employment. Noting the employer’s acceptance that the Appellant had incurred such expenses, the Court recommends that the employer make a payment of €770 to the Appellant as a contribution to his expenses and in full and final settlement of this trade dispute.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
DC	______________________
03 February 2022	Chairman