INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
KMG CONSULTING LTD
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Alleged Dismissal and Non-issuing of Contract
2. This case concerns a claim by the worker that he was not provided with a contract of employment on commencement with the Company and was subsequently dismissed from his position as Door Supervisor when he submitted an invoice for additional consultancy work that he had carried out.
On the 16th October 2006, the worker referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969.
The Company declined to attend the hearing and did not submit any correspondence to the Court in relation to the case. A Labour Court hearing took place on 13th February, 2007.
The worker agreed to be bound by the Court's Recommendation.
3. 1 The employer failed to provide a contract of employment which is a breach of the Terms of Employment (Information) Act, 1994.
2. The worker was dismissed as a result of furnishing the employer with an invoice for work previously carried out.
The Court regrets that the Employer failed to attend the hearing to investigate this
dispute or otherwise communicate with it in relation to the claim.
On the uncontradicted submission of the worker, the Court is satisfied that he was dismissed from his employment as a Door Supervisor in various locations controlled by the Employer. Furthermore, the Court is satisfied that the dismissal was carried out without recourse to fair procedures and the Claimant was not supplied with a Contract of Employment in accordance with the Terms of Employment (Information) Act, 1994.
In the circumstances the Court recommends that the Employer pay the Claimant compensation in the amount of €2,000 in full and final settlement of his claim.
Signed on behalf of the Labour Court
19th February, 2007______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.