Labour Court Database __________________________________________________________________________________ File Number: CD88325 Case Number: AD8848 Section / Act: S13(9) Parties: TIREBAD LIMITED - and - VINCENT M MURPHY |
Appeal by Vincent M. Murphy against a Rights Commissioner's recommendation regarding unfair dismissal.
Recommendation:
5. The Court has considered the evidence presented by the
appellant. It was not assisted in its consideration of the case
by the decision of the employer not to attend the hearing. On the
basis of the evidence before it, the Court considers that the
Company should withdraw, in writing, the statements it made to the
Department of Social Welfare concerning the appellant's conduct.
In relation to the dismissal of the appelant, the Court decides
that he was unfairly dismissed, that the Rights Commissioner's
Recommendation of a payment of £700 by Tirebad Ltd. to Vincent M.
Murphy be upheld and that the Recommendation be amended to include
the withdrawal of the statements referred to above.
The Court so decides.
Division: Mr Fitzgerald Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD88325 APPEAL DECISION NO.AD4888
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: TIREBAD LIMITED
and
VINCENT M MURPHY
SUBJECT:
1. Appeal by Vincent M. Murphy against a Rights Commissioner's
recommendation regarding unfair dismissal.
BACKGROUND:
2. Vincent M. Murphy commenced employment in the Company as a
chef in October/November, 1987. Shortly after this the regular
waitresses left and the proprietor required him to undertake
waiting duties as well as those of a chef. In January, 1988 he
refused to carry out the waiting duties on the basis that he was
employed as a chef and also that he did not have the time to carry
out the waiting duties and at the same time perform his own
duties. He was subsequently dismissed and the Company in a letter
to the Department of Social Welfare stated that he was
unco-operative and not prepared to be versatile. He subsequently
referred a claim that he was unfairly dismissed to a Rights
Commissioner for investigation and recommendation. A Rights
Commissioner investigated the dispute on 18th February, 1988 and
issued the following recommendation:
"In the light of the above I must uphold the claim of Mr.
Martin Murphy that he was unfairly dismissed from his
employment as chef and I recommend that Tirebad Ltd pay him
the sum of £700 and this is accepted by him in full and final
settlement of all claims on the Company in relation to his
employment."
(The Court notes that the Rights Commissioner inadvertently named
the claimant as "Martin Murphy" rather than "Vincent Murphy").
3. On 14th April, 1988 Vincent M. Murphy appealed the
recommendation to the Labour Court under Section 13(9) of the
Industrial Relations Act, 1969. The Court heard the appeal on
27th June, 1988. The Company did not attend.
WORKER'S ARGUMENTS:
4. 1. The worker was employed as a chef and when the regular
waitresses left he informed the proprietor that he was not
trained in waiting duties. The proprietor said that he would
employ waitressing staff but did not do so. The number of
people using the restaurant increased during the period of the
worker's employment as a chef. The worker however was the
only employee in the kitchen and was too busy undertaking his
own duties to carry out other duties.
2. The Rights Commissioner's recommendation did not deal with
the statements made by the Company to the Department of Social
Welfare which resulted in an unnecessary delay in the payment
of the worker's entitlements. The worker requires a statement
from the Company withdrawing the unfounded statements made
alleging that the worker was unco-operative and unwilling in
his position as chef.
DECISION:
5. The Court has considered the evidence presented by the
appellant. It was not assisted in its consideration of the case
by the decision of the employer not to attend the hearing. On the
basis of the evidence before it, the Court considers that the
Company should withdraw, in writing, the statements it made to the
Department of Social Welfare concerning the appellant's conduct.
In relation to the dismissal of the appelant, the Court decides
that he was unfairly dismissed, that the Rights Commissioner's
Recommendation of a payment of £700 by Tirebad Ltd. to Vincent M.
Murphy be upheld and that the Recommendation be amended to include
the withdrawal of the statements referred to above.
The Court so decides.
~
Signed on behalf of the Labour Court
4th August, 1988 Nicholas Fitzgerald
U.M./J.C. Deputy Chairman