FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NA FIANNA CE SCHEME LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Summary dismissal
BACKGROUND:
2. The worker commenced employment with the Club on a Community Employment Scheme on 1st September, 2006, and remained in that position until his dismissal on 9th July, 2007. His case is as follows: in March, 2007, he was accused of having an unacceptable attitude towards a colleague and suspended for two days without pay. Following a meeting with the Club, at which he was not allowed representation, he was suspended for another three weeks without pay. He was then informed by the Club that it did not intend retaining him in his position. Following a further suspension the worker was dismissed in July, 2007.
The worker referred his case to the Labour Court on the 6th January, 2010, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 27th May, 2010. The worker agreed to be bound by the Court's recommendation. The Club did not attend the hearing but stated the following in a letter to the Court: the worker was employed by Na Fianna CE Scheme Limited, not Na Fianna GAA Club. The Scheme was not renewed and was terminated in March, 2009. The Company, which was funded by FAS, is in the process of being wound up and various Directors at the time of the worker's employment all resigned in late 2008.
UNION'S ARGUMENTS
3. 1. The worker was unfairly treated and was refused the right of representation in regard to serious allegations. He was unfairly dismissed and incurred a loss of approximately 30 days as a result of the treatment he received.
RECOMMENDATION:
The employer declined to attend the hearing but did communicate with the Court by letter.
Na Fianna GAA Club, against which the Claimant's complaint was directed, has at all material times held itself out as the Claimant's employer. This is evident from correspondence from the Club to the Claimant in relation to his employment. In these circumstances the Court is satisfied that it should accept responsibility for dealing with the Claimant's claim.
It is clear from the uncontested evidence of the Claimant that he was denied fair procedures in the events leading to the termination of his employment. The Court recommends that he be paid compensation in the amount of €1.200 in settlement of his claim and that Na Fianna GAA Club accept responsibility for discharging this compensation.
Signed on behalf of the Labour Court
Kevin Duffy
8th June, 2010______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.