Up Arrow
 
 
Question Icon
 

Select an option from the dropdown list and press GO

 
Question Icon
 

Select an option from the dropdown list and then press GO

 
 
 

2002

Information Icon Water Mark
Up Arrow

Add to Binder allows you to add Workplace Relations content to your personal binder for viewing or printing later.

Binder icon image Binder

To access your binder, click the Binder link at the top of the page.

 
 

LCR17198

FULL RECOMMENDATION

CD/02/200
RECOMMENDATIONNO.LCR17198
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
CHOPARD INTERNATIONAL LIMITED.

- AND -

A WORKER


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
SUBJECT:
1. Dismissal.


BACKGROUND:

2. The worker joined the Company on 19th, September, 2001. On 2nd, October, 2001 she was given a contract to sign but she refused to sign it as the terms and conditions on offer bore no relevance to the conditions she was offered at her interview. Discussions took place locally but no agreement was reached. The worker was given one weeks notice and left the Company on 16th, November, 2001.

The matter was referred to the Labour Court on 9th, April, 2002, under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 5th, July, 2002. The worker agreed to be bound by the Court's recommendation.







WORKER'S ARGUMENTS:

3. 1. The contract the worker was asked to sign bore no relevance to the conditions she was offered at her interview and she did not receive replies to the questions she asked about the contract.

2. The worker was advised by her manager that there was no need for her to sign the contract and that her work was up to standard.

COMPANY'S ARGUMENTS:

4. 1. The worker returned the contract and she stated that as the Terms & Conditions were unfair she would not sign it, she did not specify her reasons for not signing.

2. The Company offered to resolve the workers differences relating to the Terms & Conditions of her contract but she refused and subsequently left the Company.


RECOMMENDATION:

The Court has given consideration to both the oral and written submissions of the parties. The Court is of the view that the claimant was unfairly dismissed for not signing a contract of employment which was at variance with the verbal offer of employment. Therefore, the Court recommends that she should be awarded compensation of €1,500 in full and final settlement of this claim.



Signed on behalf of the Labour Court



Caroline Jenkinson
15th July, 2002______________________
HMCD/MB.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.




 
 
 
 
 
 
 
 
 

Share this page

 
logo-sml
Links|About the Reform Programme|Accessibility|Privacy Policy|Disclaimer|Sitemap

Registered Address: Department of Business, Enterprise and Innovation, O'Brien Road, Carlow