Labour Court Database __________________________________________________________________________________ File Number: CD89266 Case Number: AD8948 Section / Act: S13(9) Parties: GLENAULIN NURSING HOME LIMITED - and - |
Recommendation:
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Division: Mr O'Connell Mr Collins
Text of Document__________________________________________________________________
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RecPara:
RecPara:
RecPara: The worker appealed this recommendation to the Labour Court on 7th
RecPara: April, 1989. Two scheduled Court hearing were postponed due to
RecPara: management indicating their inability to attend. The hearing was
RecPara: rescheduled for 19th June, 1989. No management representative
RecPara: attended. The worker attended and was represented by her
RecPara: solicitor.
RecPara:
RecPara: WORKER'S ARGUMENTS:
RecPara: 3. 1. On 20th November, 1987 the appellant was asked to present
RecPara: herself at the office of a Director of Glenaulin Nursing Home
RecPara: Limited. At the meeting, it was alleged by the Director that
RecPara: the appellant was disclosing information to other parties in
RecPara: relation to patients in the nursing home. The Director then
RecPara: dismissed the appellant from her employment.
RecPara:
RecPara: 2. The Rights Commissioner, having heard the appellant's
RecPara: claim held that she was wrongfully dismissed from her
RecPara: employment and suffered distress as a result. He recommended
RecPara: that Glenaulin Nursing Home Limited should pay to the
RecPara: appellant the sum of #200 and that this be accepted by her in
RecPara: final settlement of all claims on her employer.
RecPara:
RecPara: 3. Glenaulin Nursing Home Limited have failed to make payment
RecPara: in accordance with the Rights Commissioner's recommendation.
RecPara: Further, the appellant is dissatisfied as to the sum
RecPara: recommended as compensation by the Rights Commissioner.
RecPara:
RecPara: DECISION:
RecPara: 4. In the absence of any appearance by representatives of the
RecPara: Nursing Home, despite several postponements of the hearing, the
RecPara: Court is of the opinion that the Rights Commissioner was correct
RecPara: in his recommendation. The Court, therefore, further recommends
RecPara: that the worker be paid the sum of #200 plus a further #100 to
RecPara: defray expenses involved with this appeal.
RecPara:
RecPara: The Court so decides.
EmployerReps:
Section: S13(9)
RecSigned: 30/06/89
Subject: Appeal, by the worker, against Rights Commissioner's recommendation No.
Subject: BC307/88.
RecToTyping: 26/06/89
DisputeType: REINSTATEMENT
Venue:
WorkerClass: PROFESSIONAL
DateWithdrawn:
WorkerParty: A WORKER
Worker: Mr. O'Murchu
Body:
CD89266 APPEAL DECISION NO. AD4889
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: GLENAULIN NURSING HOME LIMITED
and
A WORKER
SUBJECT:
1. Appeal, by the worker, against Rights Commissioner's
recommendation No. BC307/88.
BACKGROUND:
2. The worker commenced employment as a nurse with Glenaulin
Nursing Home in December, 1986. She was dismissed on 20th
November, 1987. Considering her dismissal to be unfair, she
referred the matter to a Rights Commissioner who held an
investigation on 4th November, 1988. The employer was notified of
the date and venue of the investigation but was not represented at
the investigation. On 14th November, 1988 the Rights
Commissioners issued his recommendation which stated:-
"In the light of very careful questioning by me, I am
satisfied that the worker had no indication of any failure on
her part to perform her duties satisfactorily. Neither was
her conduct, in her view, at all unsatisfactory.
Recommendation
In the light of the above, I must hold that the worker* was
wrongly dismissed from her employment and suffered distress
as a result.
I do not recommend re-instatement. My recommendation is that
Glenaulin Nursing Home should pay to the worker the sum of
#200.00 and that this is accepted by her in full and final
settlement of all claims on her employer."
*The worker was named by the Rights Commissioner.
The worker appealed this recommendation to the Labour Court on 7th
April, 1989. Two scheduled Court hearing were postponed due to
management indicating their inability to attend. The hearing was
rescheduled for 19th June, 1989. No management representative
attended. The worker attended and was represented by her
solicitor.
WORKER'S ARGUMENTS:
3. 1. On 20th November, 1987 the appellant was asked to present
herself at the office of a Director of Glenaulin Nursing Home
Limited. At the meeting, it was alleged by the Director that
the appellant was disclosing information to other parties in
relation to patients in the nursing home. The Director then
dismissed the appellant from her employment.
2. The Rights Commissioner, having heard the appellant's
claim held that she was wrongfully dismissed from her
employment and suffered distress as a result. He recommended
that Glenaulin Nursing Home Limited should pay to the
appellant the sum of #200 and that this be accepted by her in
final settlement of all claims on her employer.
3. Glenaulin Nursing Home Limited have failed to make payment
in accordance with the Rights Commissioner's recommendation.
Further, the appellant is dissatisfied as to the sum
recommended as compensation by the Rights Commissioner.
DECISION:
4. In the absence of any appearance by representatives of the
Nursing Home, despite several postponements of the hearing, the
Court is of the opinion that the Rights Commissioner was correct
in his recommendation. The Court, therefore, further recommends
that the worker be paid the sum of #200 plus a further #100 to
defray expenses involved with this appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
30th June, 1989 Deputy Chairman.
A.K./J.C.