Labour Court Database __________________________________________________________________________________ File Number: CD87329 Case Number: AD8753 Section / Act: S13(9) Parties: BARRETTMORE LTD - and - MICHAEL GLEESON, SOLICITOR |
Appeal, by the worker, against Rights Commissioner's Recommendation No. BC59/86 concerning unfair dismissal.
Recommendation:
6. Having considered the submission on behalf of the appellant,
the Court upholds the Rights Commissioner's Recommendation. The
Court so decides.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87329 THE LABOUR COURT AD5387
Section 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 53 OF 1987
PARTIES: BARRETTMORE LIMITED
and
A WORKER
Subject:
1. Appeal, by the worker, against Rights Commissioner's
Recommendation No. BC59/86 concerning unfair dismissal.
Background:
2. The worker was employed by the Company on 22nd October, 1985,
on a three month trial period as a bar manager. He was then asked
to stay on for a further period. He claims that he was asked to
stay for a further nine months, which he agreed to do if his
accommodation was improved. The Company maintains that the
additional period was for three months only. During the worker's
employment as bar manager there were certain departures from
procedure which were discussed with him. The Company dismissed
the worker on 4th February, 1986, as a result of these departures
from procedure.
3. The worker alleged that he was unfairly dismissed and referred
the matter to a Rights Commissioner who issued the following
recommendation on 7th August, 1986;
"Recommendation
I believe that Barrettmore Limited had substantial grounds
for being dissatisfied with the worker I also believe that
the worker had substantial grounds for being dissatisfied
with Barrettmore i.e. the quality of the accommodation. I
am also of the view that the termination of the employment
in the manner in which it was terminated was somewhat crude
and unthinking. I therefore recommend that the dismissal
stands but that Barrettmore Limited pay to the worker
concerned the sum of #250 and that he accepts this in full
and final settlement of all claims on the company. I also
understand that the worker is greatly inhibited in getting
another appointment due to the fact that no reference
whatsoever is available to him relating to his period of
employment with the company. I suggest that this matter be
rectified".
(The worker concerned was mentioned by name in the
recommendation).
4. The worker appealed the Rights Commissioner's Recommendation,
to the Labour Court, under Section 13(9) of the Industrial
Relations Act, 1969. A Court hearing took place on 2nd June,
1987. The Company was not represented at the hearing.
Worker's argument:
5. The worker's accommodation was sub-standard. The
Company promised to have the accommodation decorated
within a couple of weeks of the commencement
of the worker's employment but nothing was done. When
the worker was asked to stay on for a further period,
he agreed on condition that the accommodation be
rectified. Again the Company did nothing.
DECISION:
6. Having considered the submission on behalf of the appellant,
the Court upholds the Rights Commissioner's Recommendation. The
Court so decides.
~
Signed on behalf of the Labour Court
19th June, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman