Labour Court recommends €1,500 settlement for dismissed worker

In 2003, the Labour Court recommended that Sooner Than Later offer a worker €1,500 in an ex-gratia payment to settle his unfair dismissal claim. The worker had been employed as a van driver and warehouse attendant from February 2001 until his dismissal in November 2002. He agreed to be bound by the recommendation. The Court said the worker’s declining performance could have justified disciplinary procedures, but the possibility that his conduct was related to illness should have been considered. It found he could not have continued working as a driver at the time or since, and said a period of sick leave to investigate his condition might have been a more appropriate response. The worker argued that the company had not made him aware of the changes in his behaviour and that he did not recall being offered alternative work. The company said it had offered alternative work and that his behaviour had been attributed to carelessness because it had received no medical certificate. The recommendation was dated 11 July 2003.