FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BAXTERSTORY IRELAND LIMITED - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Unfairly dismissed.
BACKGROUND:
2. The Claimant, a New Zealand National began his employment with the Company on 17th April 2012 as the Restaurant Manager of 'Nukuru' which is based at Dublin Zoo. He was dismissed on the 15th July, 2012. It is the Worker's belief that his dismissal was both unfair and without reason.
On the 4th March, 2013 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 19th June, 2013. The Employer was informed of the time, date and venue of the Labour Court hearing but was not represented and did not attend.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. The Worker was never made aware that his position was in jeopardy, at all times the feedback from Management regarding his work was of a positive nature.
2. The Worker's Termination Form lists his performance as 'Good' and 'Yes ' under the heading of 'Would you re-employ ?'. This is hardly grounds for fair dismissal.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act, 1969 and concerns a claim of unfair dismissal.
The Employer did not attend the hearing. The Court regards it as regrettable that the Employer failed to avail of the opportunity to explain its version of the events giving rise to the claim.
The Court is satisfied that the Claimant’s employment was terminated due to a down turn in the business and the need to reduce costs, however, having heard the uncontested evidence the Court is satisfied that the manner of his dismissal was procedurally flawed and was contrary to the provisions of the Code of Practice on Grievance and Disciplinary Procedure (S.I. No. 146 of 2000). That Code of Practice is made pursuant to Section 42 of the Industrial Relations Act 1990 and the Court is required by Section 42(4) of that Act to have regard to its provisions in deciding on any case to which it relates. For all of these reasons the Court finds that the dismissal of the Claimant was unfair.
Therefore, the Claimant is entitled to compensation for the manner of his dismissal. The Court recommends that he be paid compensation in the amount of €5,000 on that account.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th June 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.