INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
GLENPATRICK WATERCOOLERS LTD
- AND -
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Alleged Unfair Dismissal.
2. This dispute concerns the Worker's claim that he was unfairly dismissed. The Worker referred this case to the Labour Court on 15th June, 2015, 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 13th August, 2015.
3. 1. The Worker was never told that his employment was at risk.
2. The Worker was forced to attend a disciplinary meeting without prior notice or representation.
3.The Worker was unfairly dismissed and should be compensated accordingly.
4. 1. The Company became aware of several issues concerning the Worker's performance.
2. The Company felt it had no alternative but to dismiss the Worker.
- 3. The Company stands over its decision to dismiss the Worker.
The Court is satisfied on the evidence before it that the employer failed to adhere to the requirements of the Code of Practice on Grievance and Disciplinary Procedures made under section 42 of the Industrial Relations Act 1990, and contained in S.I 146 of 2000, before the decision to dismiss the Claimant was taken. In reaching that conclusion the Court has had regard to the following: -
- •While the Claimant was invited to attend a disciplinary meeting on 13thMay 2015, that meeting did not proceed for reasons that remain unexplained. On the following afternoon, and without prior notice, the Claimant was asked to meet with his manager but it was unclear until after that meeting had concluded that it was to be treated as a disciplinary interview. Because prior notice of this meeting had not been given the Claimant was unrepresented.
• It is also clear that while two specific incidents were referred to in the letter inviting the Claimant to the disciplinary interview arranged for 13thMay 2015, other incidents where taken into account by the employer in arriving at the decision to terminate the Claimant’s employment.
Having regard to all of these considerations the Court has concluded that Claimant was treated unfairly in the manner in which his employment was terminated.
The Court recommends that the employer pay the Claimant compensation in the amount of €6,500 in full and final settlement of all claims arising from his dismissal.
Signed on behalf of the Labour Court
31st August, 2015______________________
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.