INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
SALLY LONGS BAR
- AND -
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Alleged unfair dismissal.
2. The worker concerned commenced employment with the Company as a full-time barperson in September, 1999. His employment was terminated on the 3rd of March, 2000. The worker claimed that he was unfairly dismissed and referred the matter to the Labour Court on the 10th of October, 2000 under Section 20(1) of the Industrial Relations Act, 1969. The Court investigated the dispute on 14th of December, 2000.
3. 1. The worker contends that he never gave out free drink and strongly denies any wrongdoing.
2. The worker asked the employer to show him the surveillance tapes and to furnish him with the name of the "pub spys" but he refused.
4. 1. During December, 1999, the Company started to have serious stock shortages and contacted a Security Company who organised a private Company to go into the pub on several occasions to watch all the bar staff.
2. The Company claims that the worker was released from his duties on the 3rd of March, 2000 for under-ringing on the till and giving out free drink.
The Court was presented with a Security Report that it found to be inadequate and lacking in the necessary detail.
Despite making every effort to facilitate the Security Company to attend the Court, even to the extent of arranging to travel to Galway on a date agreed with them, they withdrew, and failed to make themselves available.
Given this situation, the Court finds the dismissal to be unfair and, recommends that the employer pay the claimant £1,000 in compensation.
Signed on behalf of the Labour Court
6th February, 2000______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.