FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KWCD PARTNERSHIP LTD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Alleged breach of Contract, failure to adhere to procedures and unfair dismissal
BACKGROUND:
2. This case concerns a dispute between the Union and the Kimmage Walkinstown, Crumlin and Drimnagh Partnership Ltd (KWCD) in relation to a member of the administration staff who, it is claimed was dismissed unfairly and without proper notice.
The Union is claiming that the worker was offered a three month extension to his contract which was to begin on 1st January, 2007 which he accepted.
Managements position is that the contract of employment provided for automatic determination of employment and that the alleged offer to extend the contract to ascertain the viability of the service was not accepted by the worker. The extension, which was agreed by the board to facilitate a study of the continuing viability of the service, was, in the Union's opinion a genuine and bona fide offer. Management, however claim it was never accepted by the worker.
On 20th March 2008, the worker submitted a complaint to the Labour Court 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 6th May, 2008.
UNION'S ARGUMENTS:
3 1 The worker was offered an extension of three months to his contract, which was to begin on 1st January, 2007. The offer was made verbally and subsequently confirmed in writing. The worker accepted the offer yet was not paid for work done between January 2007 and the cessation of his employment in February, 2007
2 The worker was denied fair procedure and natural justice in relation to the terminaion of his employment. The Union's claim for compensation is fair and reasonable in the circumstances.
COMPANY'S ARGUMENTS:
4 1 The contract of employment provides for immediate termination of employment. The worker was aware that his contract was due to expire on 31st December 2006. The extension to the workers contract, to assess the viability of the service into the future, was subject to his acceptance. The worker did not accept the offer of the extension of his contract.
2 The service was in a difficult financial position and the worker was aware of this. The worker was given the appropriate notice and was not unfairly treated in his dismissal.
RECOMMENDATION:
Having considered the submissions of the parties, the Court recommends that the KWCD partnership pay to the claimant three months salary in full and final settlement of the case.
Signed on behalf of the Labour Court
Raymond McGee
28th May 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.