INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
FITZPATRICK'S CASTLE HOTEL
- AND -
Chairman: Ms Owens
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Alleged unfair dismissal.
2. The worker commenced employment with the hotel as a waitress on the 17th June, 1997. Her employment was terminated on the 28th November, 1997. The worker claims that her dismissal was unfair. She sought to refer the dispute to a Rights Commissioner for investigation and recommendation but the hotel objected to such an investigation.
On the 28th January, 1998 the worker referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The hotel notified the Court by letter that it would not be attending the Court hearing.
The Court investigated the dispute on the 24th March, 1998.
3. 1. The worker claims that she was always punctual for work. There were no complaints regarding her work. Customers commented on her good service and friendly manner.
2. The worker never received any written or verbal warnings concerning her work performance. She was shocked when informed that her employment was being terminated.
3. The worker was happy and contented in her job and expected her career to continue with this employer.
4. The worker claims that she was bullied out of her job by the manager of the restaurant.
4. 1. Management indicated by letter that the worker was on probation. It advised the worker on many occasions where she needed to improve in relation to her attitude and work performance. However, there was no improvement and she reverted back to her own way of doing things.
2. The worker failed to complete duties which were scheduled for her. Also, she refused to work before 8 a.m. which her colleagues had to do.
3. She ignored management's concern about personal presentation, wearing the full uniform, the need for a new shirt and shoes, and not ensuring that her hair was kept tidy while at work.
4. A total absence of concern regarding the completion of any duty in response to requests from guests or management.
The Court notes that the Employer declined the invitation to attend the hearing for stated reasons and informed the Court in writing of its defence.
Having considered all the evidence the Court is satisfied that the claimant was not treated fairly and accordingly recommends that:
(a) The claimant be given a satisfactory reference
(b) The Company pay her a sum of £500 compensation.
The Court so recommends.
Signed on behalf of the Labour Court
2nd April, 1998______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.