INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
CHOPARD INTERNATIONAL LIMITED.
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
2. The worker joined the Company on 19th, September, 2001. On 2nd, October, 2001 she was given a contract to sign but she refused to sign it as the terms and conditions on offer bore no relevance to the conditions she was offered at her interview. Discussions took place locally but no agreement was reached. The worker was given one weeks notice and left the Company on 16th, November, 2001.
The matter was referred to the Labour Court on 9th, April, 2002, under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 5th, July, 2002. The worker agreed to be bound by the Court's recommendation.
3. 1. The contract the worker was asked to sign bore no relevance to the conditions she was offered at her interview and she did not receive replies to the questions she asked about the contract.
2. The worker was advised by her manager that there was no need for her to sign the contract and that her work was up to standard.
4. 1. The worker returned the contract and she stated that as the Terms & Conditions were unfair she would not sign it, she did not specify her reasons for not signing.
2. The Company offered to resolve the workers differences relating to the Terms & Conditions of her contract but she refused and subsequently left the Company.
The Court has given consideration to both the oral and written submissions of the parties. The Court is of the view that the claimant was unfairly dismissed for not signing a contract of employment which was at variance with the verbal offer of employment. Therefore, the Court recommends that she should be awarded compensation of €1,500 in full and final settlement of this claim.
Signed on behalf of the Labour Court
15th July, 2002______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.