FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MOSAIC ASSEMBLERS LTD - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Explanation & Compensation.
BACKGROUND:
2. The Worker started working with the Company on 5th June, 2007. The Worker claims that on 23rd November, 2007,she was informed by the Company that "things are not working out" and that she was being given two weeks' notice. The Worker claims, however, that later that day the Employer told her to leave the office immediately. The Worker claims that she was never told why she was being dismissed.
On the 21st February, 2008, the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 23rd April, 2008.
WORKER'S ARGUMENTS:
3. 1. The Worker was never given a contract of employment, a job title, or a job description.
2. The Worker experienced no problems while working for the Company until the Director with whom she worked was hospitalised and never returned to work. It was that Director's son and co-Director who subsequently informed the Worker that "things are not working out" and dismissed her.
3.The Company's delay in fully paying the Worker the monies due to her compounded the stress her dismissal caused her.
COMPANY'S ARGUMENTS:
4. 1. The Company terminated the Worker's employment pursuant to the common law.
2. Although the Worker was entitled to only one week's notice pursuant to the Minimum Notice and Terms of Employment Acts, 1973 to 2001, the Company paid her an extra one week's salary as a gesture of goodwill.
3.Any delay in paying the Worker was due to her failure to send the correct payroll to the Company's accountant previously.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court considers that the Company's behaviour and lack of procedures surrounding the Claimant's dismissal falls far short of what might be expected of a reputable employer. Taking all of the circumstances into account, the Court finds that she was unfairly dismissed and awards her compensation of €3,500.
Signed on behalf of the Labour Court
Raymond McGee
7th May, 2008.______________________
JMcC.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.