INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
GERARD DOOLEY, TRADING AS SPAR
- AND -
1. Alleged unfair dismissal
2. The worker was employed in Spar, Lower George's Street, Dun Laoghaire. She alleges that the following incident occurred.
On 29th September, 1995, the worker received a phone call from her mother who said that she was feeling unwell. She asked the manager if she could go home to look after her mother. The manager replied that he would have to get a replacement for her first. When a replacement from Dun Laoghaire could not be found, the worker rang her employer in Sandycove and explained the situation. She claims that her employer told her that if she went home she would not have a job to come back to.
The worker tried to continue with her job but was too upset and rang her employer again. He repeated what he had said earlier and the worker went home. She alleges that she was unfairly dismissed. She referred the dispute to the Labour Court on 22nd April, 1996 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 21st May, 1996.
3. 1. The worker's mother was in hospital for an operation the week before the incident and the worker became very worried when her mother phoned her. She was left with no choice but to go home. Before she left her employer said "OK, I'll get someone to replace you." Earlier, her employer had stated that he could not find a replacement.
2. The worker had received no complaints from her employer for as long as she worked with him. She had helped out in the shop on her days off when she was asked. The worker was upset by the incident as it was her first job.
4. 1. The employer did everything possible to find a replacement for the worker. He contacted a number of other shops but was unsuccessful in finding someone. The worker abandoned her job. She was not dismissed.
2. The shop in Dun Laoghaire is a convenience store. It is important that there is a high level of service for customers. The employer was sympathetic to the worker's situation but he had to retain adequate service in the shop.
The Court has fully considered all of the views expressed by the parties in their oral and written submissions. The Court finds that the claimant was treated unfairly and given all the circumstances of the case was constructively dismissed by her employer.
The Court recommends that she should be paid the sum of £350 in compensation.
Signed on behalf of the Labour Court
13th June, 1996______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.