how's it going today's video I want to look at a case that attracted quite a
bit of attention there during the week in the newspapers hundreds of
unemployment situation it was an alleged wrongful dismissal and he attracted
quite a bit of attention because involved
Francis Brennan you know a man there France BAM
she got he deprogramming his brother and massage they work when they visit small
businesses small hotels guesthouses B&B and so on and to give them advice both
of those sort of travel program during the week there was a case that got a lot
of publicity with the labor court case and basically the Labour Court heard
don't very special him the general manager who had worked in the Park Hotel
and he moved apparently from Dublin to carry the kenmare to take up the job as
general manager and I think he was on a two-year contract but one day he was
brought in by Francis Brennan during the probation period and I was basically
told he was gone his job was finished he wasn't walking off and Francis Brennan
the employer relied on the probation period in the contract
which basically says that during the probation period either party can have a
net the employment and that's exactly what happened
that's what Francis Brennan did demandin brought claim to the labor court under a
de jure Relations Act legislation and had to do it under interstate relations
like legislation because don't fare the census Act requires as the employee has
telephones continuous service before he could bring it on fair dismisses here
and you man couldn't do that in this case he didn't have service so it went
to the labor court anyway and the neighbor court basically said does e a
reason of the fact that he wasn't give himself procedure or not true justice
that he was essentially unfairly dismissed and the labor court
recommenders that the Park Hotel the employer pay him compensation of ninety
thousand euros now that's what I watered some of money but he was probably on big
enough money his contract and the labor court may have taken into account the
fact that was a fixed-term contract and was probably something like eighteen
months still to run under contract the bottom line is the labor court
recommendation is only a recommendation because it was a case or claim taken
under the Industrial Relations Act 1969 and all that can happen there is the
Labour Court makes a recommendation however it's illegally unenforceable
recommendation and the demise or didn't have the benefit of the unfair
dismissals legislation to bring his own sister claims now I've written a blog
post about this case I put a link in the blog post who the actual decision itself
from the Labour Court it's worth reading especially if you have been dismissed on
probation you see that there is some options open
to you but they're limited enough I've written about this before written in the
roof blog post or probation and what your options are so you won't have a
look on the website I'll stick a link underneath this video directly to the
blog post and have a look at it today I can read the actual decision but you
might think that I wonder if I was a fella bring claim to the David Court he
was going to end up with not enforceable recommendation but he may have thought
that the park would Helen Frances bream would want to avoid the publicity the
reputational damage that's probably want to follow he probably thought that the
employer would want to avoid publicity and obviously today our court hearings
are held in public and this one has garnered a shared degree of publicity
now he probably taught those things and he may have taught them does perhaps the
employer might settle the case were given some sort of a settlement payment
to basically settle the claim and prevent any reputational damage that
might arise I don't know the chap involved don't know Francis Brennan
either and I can't really understand the motivation without speaking to them but
he can speculate yourself but the bottom line is he has a recommendation from the
lab report that's legally on the force for the reason is he could only bring a
claim under the Industrial Relations Act legislation not the unfairness in
society do unfair decisions Act does not apply to somebody who has less than to
her bones continued service hope you find this video useful has a sales leave
a link underneath there to the blog post you can read the actual decision from
the court it's only one or two pages it's worth it's worth it especially if
you've employer and especially an employee who has been dismissed or maybe
under pressure during probation period you might see something else
you may be interested in or he may get some guidance about LuthorCorp boys say
leave a link underneath the video hope you find this useful if you do give the
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channel if you're not already subscribed