INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
DOYLES QUALITY PRODUCTS LTD
- AND -
1. Alleged unfair dismissal.
2. The worker concerned commenced employment with the Company as a loader at its bakery in Tallaght on 6th May, 1991. His employment was terminated on 9th July, 1996. The Company argues that the worker's behaviour and sick absence record left it with no alternative but to terminate his employment.
The worker claimed that he had been unfairly dismissed and referred the matter to the Labour Court on 1st July, 1996 under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 16th August, 1996.
3. 1. The worker was absent from work from April, 1992 to August, 1995 as a result of an injury received to his arm and shoulder in an accident which occurred on the Company's premises. He resumed work on 6th September, 1993 for 2 1/2 days but because of his injury he was forced to receive further medical attention.
2. The worker sought a transfer to lighter duties on a number of occasions on the recommendation of his doctor. Management refused to consider his requests.
3. Management discriminated aganist the worker. A number of vacant positions which the worker applied for were filled by new employees. The Company's unfair treatment of the worker and its failure to consider him for appropriate alternative employment demoralised him.
4. 1. The worker was given every opportunity by management to improve his behaviour and sick absence record. He received a number of verbal and written warnings indicating that unless there were signs of an immediate improvement, disciplinary action would be taken. The worker failed to heed the warnings and management was left with no alternative but to terminate his employment.
Having considered the submissions from the parties the Court has concluded that the Company did not act unreasonably in the circumstances.
The Court accordingly does not find that the claimant was victimised or discriminated against and does not recommend in his favour.
Signed on behalf of the Labour Court
26th August, 1996______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.