LCR16033

FULL RECOMMENDATION CD/98/436 RECOMMENDATIONNO.LCR16033 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROS NA RUN (REPRESENTED BY MATHESON ORMSBY PRENTICE, SOLICITORS) - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Alleged unfair dismissal.





BACKGROUND:

2. The worker concerned was employed on a casual basis as a Security Officer by Ros na Run from the 25th of March, 1998. Ros na Run is a film production studio based in Spiddal, Co. Galway. He claims he was unfairly dismissed on the 1st of July, 1998. The Company states that his dismissal was justified due to his conduct.

The worker referred a claim of unfair dismissal to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation.

The Court investigated the dispute on the 18th of November, 1998.



WORKER'S ARGUMENTS:

3. 1. When the claimant agreed to accept the position he was told he would be guaranteed at least 24 hours work per week. Prior to his dismissal he was rostered to work 12 hours.

2. He was happy at his job, was never out sick and was never late or missed a shift.

3. The worker is not seeking compensation, but a letter stating he was unfairly dismissed and a reference. He feels he is being branded as a trouble maker.



COMPANY'S ARGUMENTS:

4. 1. The worker was not told he would be guaranteed 24 hours work per week. He was employed on a casual basis, therefore, he would be asked to provide cover if and when required.

2. The worker did not comply with the Employer's Rules and Procedures. He showed no respect for his employer and was often rude towards other members of staff and visitors. He worked shifts he was not required to work without permission.

3. The employer gave the worker adequate warnings regarding his conduct and feels the dismissal was justified.




RECOMMENDATION:

The Court considered the written and oral submissions made by the parties.

Although the complaint form to the Court listed four items, it was agreed that the only issue before the Court was the issue of unfair dismissal.

The Court, having considered all the evidence presented, does not find that the dismissal was unfair in the circumstances of this case.



Signed on behalf of the Labour Court



Finbarr Flood
4th December, 1998______________________
G.B./D.T.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.