
This case concerns a claim by the Worker (Complainant) that he was unfairly dismissed without recourse to proper procedures. The Complainant was employed on a Permanent Part-Time contract to work three days a week. He commenced work with the Employer on the 8th of May 2019 and his employment was terminated on the 10th of December 2019. The Complainant outlined that no issues were raised by the employer regarding his work performance and that he had received only positive feedback. There was no indication given to him of any dissatisfaction with his performance in work. The Complainant successfully completed his six-month probation in November 2019. On the 10th of December 2019, the Complainant was informed by the General Manager that they were letting him go because things had not worked out.
The Employer was not in attendance at the hearing. The Labour Court carefully considered the written and oral submissions of the Complainant. The Court was satisfied 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 before the decision to dismiss the Complainant was taken. The Court concluded that the Complainant was treated unfairly in the manner in which his employment was terminated. Accordingly, the Court recommended that the Employer pay the Complainant compensation in the amount of €18,000 in full and final settlement of the claim.
https://www.workplacerelations.ie/en/cases/2020/september/lcr22255.html
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