INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PADRAICHINS PUB & RESTAURANT
(REPRESENTED BY PADRAICHINS PUB & RESTAURANT)
- AND -
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Ms Ni Mhurchu
1. Alleged unfair dismissal.
2. The worker concerned was employed as a chef by the restaurant from the 23rd of March, 1999. He claims he was unfairly dismissed on the 5th of June, 1999. Management states that his dismissal was justified due to his incompetence.
The worker referred a claim of unfair dismissal to the Labour Court in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation.
The Court investigated the dispute on the 1st of December, 1999.
3. 1. The worker left a secure job to work in the restaurant as the hours were more suitable.
2. Management never showed any dissatisfaction with his work as a chef. He was well liked and respected by staff and customers.
3. He claims he was unfairly dismissed without a proper explanation. He is not seeking compensation.
4. 1. There were several complaints received from customers regarding food and slow service.
2. Management spoke to the worker several times regarding these complaints.
3. The worker was dismissed because of his incompetence.
The Court has carefully considered the submissions made by the parties in this case. On the basis of these submissions the Court is satisfied that the Employer did not follow fair procedures in coming to the decision to terminate the claimant's employment. On this ground alone the dismissal was unfair.
In addition to these procedural deficiencies the Court is also satisfied that the claimant was treated unfairly on substantial grounds.
At the hearing the claimant told the Court that he is merely seeking vindication and is not seeking any other form of redress. In these circumstances the Court recommends that the employer make a donation of £500 to a charity nominated by the claimant, in acknowledgement of the unfairness of his dismissal.
Signed on behalf of the Labour Court
15th December, 1999.______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.