SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PREMIER AUTO PARTS
- AND -
MR STEPHEN MORRISSEY
|Employer Member:||Ms Doyle|
|Worker Member:||Mr Hall|
1.Unfair Dismissal and Treatment.
2.This dispute concerns the matter of unfair dismissal and treatment. The Worker referred this case to the Labour Court on 20 October 2020 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 in a virtual setting on 2 February 2021.
The Employer notified the Court that they would not be in attendance, in their letter they stated that the Worker’s employment was terminated lawfully and for reasons stated. The Worker commenced employment on the 18thAugust 2019 and his employment was terminated on the 22ndJune 2020. It is the worker’s submission that he was dismissed for raising concerns in respect of a pay rise and his working hours. With the agreement of his line manager, he had emailed head office to check same and was advised that he was owed 15 minutes for each day worked.
It was his submission that on Monday 22ndJune 2020 when he arrived in to work his manager asked him to wait in the office and to give back the keys to the van. He waited in the office for 50 minutes then the manager came in handed him a letter and told him he was being let go. The manager told him he had failed to attend for a meeting on the previous Saturday and raised the issue that the Worker had gone over his head by going to head office. It was the Worker’s submission that he tried to explain that he was not due to work that Saturday, but the manager cut him off and walked out of the office.
The Court has carefully considered the written and verbal submissions it received.
The Court is satisfied on the submissions 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: -
-That the Worker was not given any advance notice of the purpose of the meeting initially scheduled for the Saturday but held on Monday 22nd June 2020 and
-The Worker was not given any notice of the fact that the Employer had issues and that he was considering terminating his employment.
This Court has consistently held that an Employer is not relieved of the obligation to act fairly during a probationary period and that the requirement of the Code of Practice applies in all circumstances in which a Worker is on hazard of having his or her employment terminated.
Having regard to all of these considerations the Court has concluded that the Worker was treated unfairly in the manner in which his employment was terminated.
The Court notes that the Worker was earning €390 per week and that he got a new job after seven weeks.
The Court recommends that the Employer pay the Worker compensation in the amount of €2,730 in full and final settlement of the claim before the Court.
The Court so recommends.
|Signed on behalf of the Labour Court|
|8 February 2021||Deputy Chairman|
Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.