INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
SOUTHSIDE TAVERNS LIMITED
- AND -
Chairman: Ms Owens
Employer Member: Mr Pierce
Worker Member: Mr Rorke
1. Alleged unfair dismissal.
2. The worker alleges that he was unfairly dismissed. He was employed as a lounge person by Southside Taverns Limited T/A "The Swiss Cottage", Swords Road, Dublin 9.
The worker commenced employment in November, 1996 and was dismissed in February, 1997. He claims that he was dismissed without notice or reason from his job.
The Company rejects the claim that the worker was unfairly dismissed. The worker was a full-time student in second level education and as far as the Company was concerned he was continuing in that role. The worker was employed on a part-time basis.
The dispute was referred to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969. The Court investigated the dispute on the 21st October, 1997.
The Company indicated by letter that it would not be attending the Court hearing.
3. 1. The employee was promised a full-time position with the Company but it reneged on that promise.
2. The Company recruited other workers following the worker's dismissal.
3. The worker left school to take up the position as apprentice barman promised to him.
4. The worker was deeply shocked and distressed by the decision to dismiss him.
4. 1. The Company rejects the claim that the worker was ever offered a permanent position with it.
2. The worker was a full-time student and as far as the Company was concerned, he was continuing in that role for the foreseeable future.
3. The worker was employed on a part-time basis and was laid off, along with other part-time staff, when the Christmas trade abated.
4. The worker was not dismissed but was laid-off following a review of the trading conditions and staffing levels at that time.
The Court notes that the employer in this dispute had indicated that it did not intend attending the hearing and had submitted a written statement. Both parties submitted additional information subsequent to the hearing.
Having considered the submissions the Court is of the view that the claimant had been unfairly treated in the manner in which his employment was terminated. The Court accordingly recommends that:
(a) The Company give the claimant a satisfactory character reference.
(b) The Company pay him a sum of £250.
Signed on behalf of the Labour Court
24th November, 1997______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.