INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY PETER CREAN & COMPANY,SOLICITORS)
- AND -
Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
2. The worker was employed by the Company as a truck driver on a back to work scheme operated by Fás. The worker alleges that his employer terminated his contract of employment without giving him either a written or verbal warning.
Management rejected the worker's claim. It stated that the worker's contract of employment was terminated because of his failure to report for work.
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 Court investigated the dispute on the 22nd October, 2002.
3. 1. The worker's employment was terminated without either a written or verbal warning.
2. The Company failed to furnish the worker with his P45 when he was dismissed and as a result was at a loss of some of his social welfare benefits.
3. The worker has suffered financial loss as a result of having his employment terminated. He is seeking compensation for his loss.
4. 1. The worker was dismissed because he failed to turn up for work. He was spoken to on a number of occasionsabout missing work.
2.The worker was advised to collect his P45 from the Company's accountant. He failed to so.
3. The Company had no option but to dismiss the worker following his failure to improve on his attendance record.
Having regard to all the circumstances of this case the Court recommends that the employer offer and that the worker accepts an ex-gratia payment of €200 in full and final settlement of all outstanding claims arising from the termination of his employment.
Signed on behalf of the Labour Court
4th November, 2002______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.