INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BLADES BARBER SHOP
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Alleged unfair dismissal.
2. The Worker commenced employment as a Gents Hairdresser in Blades Barber Shop in July/August 2006 and ceased employment in January/February 2007.
The Worker alleges that she was initially working a 49 hour week and that when she asked for her hours to be reduced to 41 hours per week her employer dismissed her. She believes that the reason for her dismissal was possibly because her English had not improved significantly.
The Employer maintains that the Worker’s English was fairly good but that she did not talk to customers. He also alleges that she took constant smoking breaks, extended lunch breaks and that she did not follow the required dress code. He further states that the Worker was warned by the Shop Manager many times about her behaviour but no improvement took place.
When the Worker was going on holiday in February 2007 she was informed that the Employer was not prepared to have her return to work and she was dismissed. The Employer states that the Worker was given one weeks’ wages and a weeks’ holiday pay.
The worker referred her claim to the Labour Court on the 14th May 2007, in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court’s recommendation. A Labour Court hearing took place on the 12th July, 2007.
3. 1. The Worker maintains that she only took two or three smoking breaks during the morning when the shop was not busy.
2. The Worker also maintains that she was happy at her work and had no difficulty with her Employer.
3. The Worker states that she only received one warning from the Manager of the shop and no notice of her dismissal.
4. 1. The Employer states that the Worker received one weeks' notice of dismissal which coincided with her weeks holiday and for which she was paid.
2. The Employer maintains that the Shop Manager made a note in the diary on the dates she gave a warning to the Worker about her behaviour.
3. The Worker was paid for a number of days over the Christmas holiday period when the shop was closed and also received a €100 bonus.
The case before the Court concerns a claim of unfair dismissal. Having heard the evidence of both parties, the Court is satisfied that the Complainant was given a number of warnings about problems which occurred during her employment, which were not heeded. In the circumstances, the Court is of the view that the Employer did not act unreasonably in terminating her employment. Therefore, the claim of unfair dismissal fails.
However, the Court notes that while she was given one weeks notice of the termination of her employment she was not paid. Therefore the Court recommends that the complainant should be paid the sum of €350.00 in full and final settlement of her claim.
Signed on behalf of the Labour Court
10th August, 2007______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.