INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BRIAN NOONE LTD
- AND -
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
2. The claimant was employed as an accounts clerk by the Company from November 2003, until termination of her employment in July 2004. She claims that during her employment she was subjected to acts of bullying from a more senior work colleague, which eventually led to termination of her employment. The Company rejects the claim and contends that the claimant’s employment was terminated due to lack of quality and ability in her work.
- On the 23rd November 2004 the claimantreferred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th October 2005.
The claimant agreed to be bound by the Court’s Recommendation.
3. 1. The claimant alleges that she was bullied on a constant basis and made to feel incompetent in her job. Her colleague did not show her how to do the work and never spoke to her except when necessary. She suffered anxiety attacks and was severely stressed.
2. The claimant had 23 years experience with her previous Company doing similar work and never received complaints from her employer or customers.
2.The claimant informed her manager that she was being bullied by a colleague but Management did not act on her allegations. She subsequently handed in her notice which was rejected by her manager who informed her that " he was happy with my work".
4. 1. The reason for terminating the claimant’s employment was her lack of quality/ability in her work. The job didn’t suit her and she didn’t suit the job.
2. The claimant made a number of serious mistakes in her work and did not take correction or advice very well. She did not appear to pay attention when the work was being explained to her and was not willing to accept help.
3. Her dealings with customers were aggressive and unsatisfactory and the Company received a number of complaints. A meeting was organised to address these issues but the situation worsened afterwards.
It is clear to the Court that the employer did not have disciplinary procedure in place contrary to the provisions of the Code of Practice Disciplinary and Grievance Procedures (S.I 146 of 2000). It is further clear that the claimant was not warned that her employment was in jeopardy nor given a fair opportunity to deal with the issues giving rise to the employers concerns before the decision to dismiss her was taken. In the Court's view the absence of procedural fairness renders the dismissal unfair.
In the circumstances the Court recommends that the claimant be paid compensation in the amount of €6,000 in full and final settlement of her claim.
Signed on behalf of the Labour Court
11th October, 2005______________________
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.