INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY SHANE BOWE & CO., CHARTERED ACCOUNTANTS)
- AND -
MS PATRICIA MC CABE
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Alleged unfair dismissal of a worker.
2. The Company operates a canteen facility at which the worker was employed as an assistant. The worker concerned commenced employment with the Company on the 19th of October, 1998. She was dismissed on the 8th of January, 1999. The worker claimed that she was unfairly dismissed and on the 31st of March, 1999, lodged a complaint of unfair dismissal to the Labour Court under Section 20 (1) of the Industrial Relations Act, 1969. The worker agreed to be bound by the Court's recommendation. A Court hearing was held in Clonmel on the 18th of May, 1999.
1. At the time of her dismissal the worker was informed by the employer that it was on the grounds of the Company's financial situation and the non-viability of the operation because of on-going losses. The worker was assured by her employer that her dismissal was not related to her work performance. The worker was informed that the Company was closing down the canteen facility.
2. The canteen is presently in operation and staff were recruited and are operating the facility. The worker feels she was dismissed in an unfair manner and seeks appropriate redress.
1. Due to substantial losses incurred in the period October to December, 1998, the Company ceased trading. It was for this reason that the worker was declared redundant on the 8th of January, 1999. The worker received all her statutory entitlements (details to the Court).
2. The Company is now no longer trading and is in liquidation. There are no funds available to make any further payments. The worker was treated fairly in the circumstances.
The Court having considered the information supplied finds that the manner of dismissal of the claimant was unfair.
The Court recommends that the Employer pay the claimant a lump sum equal to one week's wage in compensation.
Signed on behalf of the Labour Court
17th June, 1999.______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.