INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
SQS FORMERLY CRESTA TESTING
- AND -
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Mr Nash
1. Alleged unfair dismissal.
2. The Claimant was employed by the Company from the 22nd August 2005 to the 15th December 2005 when he was summarily dismissed.
The Claimant commenced employment with a standard employment contract which included a period of 3 months probation. On 23rd November 2005 the Claimant met with the Chief Executive Officer of Cresta Testing to discuss his performance during probation. The Claimant is satisfied that he got positive feedback and that his direct line manager would sign off on his probation on his return from leave. He expected to be confirmed in a permanent position with the Company and that he would have a long and challenging career with the Company.
The Claimant met with his line manager on the 15th December 2005, who informed him that he was still on probation, had not passed his probationary period and the Company was instigating a termination process. He was invited to contest this decision at a meeting on the 21st December, 2005 while at the same time being told that he would be wasting his time in so doing. The Claimant returned to his office, handed over all actions and outstanding issues to the line manager and left. His e-mail account was terminated within 30 minutes. The Claimant was shocked by the sudden and unexpected turn of events and feels that he was not afforded the proper application of natural justice and a fair and transparent appeals process.
The Claimant stated that at the time of his dismissal Cresta Testing was in the process of selling the Company to the current owners, SQS.
The Claimant referred his claim to the Labour Court on the 26th June 2006, in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The Claimant is seeking compensation for the loss of earnings incurred and for the damage to his professional reputation.
A Labour Court hearing took place on the 4th October, 2006. The Employer failed to attend or send a submission to the hearing.
The Court regrets the decision of the Employer not to attend the hearing.
Based on the uncontested evidence of the Claimant and bearing in mind his loss of earnings and the unsatisfactory manner of his dismissal. The Court recommends that he be paid compensation of €30,000.
Signed on behalf of the Labour Court
9th October, 2006______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.