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FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WOOD FINANCIAL SERVICES LTD
- AND - A WORKER (REPRESENTED BY PETER D JONES & CO SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Connolly Worker Member: Mr McCarthy |
1. Termination of Employment.
BACKGROUND:
2. The case before the Court concerns a claim by the Worker in relation to her alleged unfair dismissal from the Company. It is the Worker's assertion that she was treated in an inequitable manner by the Employer as a result of her immediate dismissal when she was unsuccessful in internal training exams.
On the 5th February, 2018 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 23rd March, 2018.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. The Worker was not aware that her employment was dependent on the passing of internal EBS exams prior to her commencement in the role.
2. The Worker was not afforded the opportunity by her Employer to re-sit the exams despite being verbally assured that it was possible to do so.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer maintains that he is obliged to meet certain standards which are governed by the Financial Regulator which he cannot control.
2. It is the Employer's position that he had no alternative but to terminate the Worker's employment when she failed the exams that were required to be fully passed as part of internal training requirements.
RECOMMENDATION :
The Court has given careful consideration to the extensive written and oral submissions of both parties to this dispute.
The Court notes that the Respondent agreed to pay the Complainant two weeks’ pay and outstanding expenses owed to her.
On the basis of the information before it the Court finds that the manner in which the Complainant’s employment was terminated fell below the standard expected of a good employer.
In all the circumstances of this case the Court recommends that the Respondent, in addition to the outstanding monies referred to above, pay the Complainant an additional two weeks’ pay in full and final settlement of all matters in dispute between the parties.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th March 2018 ______________________
SC Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.