INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
Section 20(1), Industrial Relations Act, 1969
MEGHEN GROUP LTD
- AND -
(REPRESENTED BY DENIS KELLIHER)
Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Mr McCarthy
2. The case before the Court concerns the Worker's claim that he was treated in an inequitable manner by his former Employer when he was summarily dismissed after a period of three days in employment with the Company. It is the Worker's contention that he was dismissed without any prior warning or any explanation from Management and is seeking compensation as a result.On the 9th April, 2015 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 8th December, 2015. The Employer was not present and was not represented at the hearing.
The Worker agreed to be bound by the Court’s Recommendation.
The Court finds it regrettable that the Employer in this case failed to attend the hearing held to investigate this dispute and to avail of the opportunity to put its version of the events giving rise to the termination of the Claimant's employment.
On the uncontested submissions of the Claimant, the Court is fully satisfied that the manner in which the Claimant was dismissed fell far short of the standard of treatment that could be expected from a reasonable employer. The fact that the Claimant was on probation did not excuse the Employer's decision to terminate his employment without warning and without any explanation.
In all the circumstances of the case the Court recommends that the Employer pay the Claimant compensation in the amount of €4,000 in settlement of his claim.
Signed on behalf of the Labour Court
15th December 2015______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.