Labour Court Database __________________________________________________________________________________ File Number: CD8955 Case Number: AD8928 Section / Act: S13(9) Parties: CARLOW POST - and - A WORKER |
Appeal by a worker against Rights Commissioner's Recommendation No. C/W 310/88 concerning a claim for alleged unfair dismissal.
Recommendation:
8. The Court in considering this appeal notes the terms of the
agreement signed by the parties dated 28th October, 1988. The
Court is of the view that the evidence presented to it at the
hearing does not justify altering the amount specified in that
agreement which is to be paid to the appellant.
The Court accordingly does not uphold the appeal and recommends
that the terms of the Rights Commissioner's Recommendation dated
6th January, 1989 be implemented.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD8955 APPEAL DECISION NO. AD2889
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: CARLOW POST
AND
A WORKER
SUBJECT:
1. Appeal by a worker against Rights Commissioner's
Recommendation No. C/W 310/88 concerning a claim for alleged
unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with the Carlow Post
on 1st February, 1988 as an advertising sales representative. In
August, 1988 there were rumours about a possible change of
ownership. The worker concerned approached her Employer regarding
these rumours.
3. She was informed that certain changes were envisaged and
during the course of these talks various options were discussed
regarding her conditions of employment. The worker concerned then
left her employment as she considered that the proposals put
forward were a diminution of her conditions of employment.
4. She then referred her case to a Rights Commissioner for
investigation and recommendation. At the hearing held on 28th
October, 1988 the parties reached and signed an agreement which
provided for:-
(a) The Carlow Post offers and the worker accepts
payment of #250,
(b) The Employer supplies an agreed reference to the
worker,
(c) The Employer supplies the worker with a P.45.
5. The Employer complied with (b) and (c) of the agreement.
However, part (a) was not complied with and the worker referred
her case back to the Rights Commissioner who issued the following
recommendation dated 6th January, 1989:-
"...I recommend that the Post offers and the worker
accepts the sum of #250 in full and final settlement
of the dispute."
The worker was referred to by name in the Rights Commissioner's
recommendation.
6. The worker appealed the Rights Commissioner's recommendation
to the Labour Court under Section 13(9) of the Industrial
Relations Act, 1969. The Court heard the appeal in Carlow on 22nd
February, 1989. The Employer did not attend and was not
represented at the hearing.
WORKER'S ARGUMENTS:
7. 1. The amount awarded by the Rights Commissioner is
insufficient. At the original hearing the Employer argued
that business was bad and the worker accepted this argument.
However, the worker has subsequently learnt that business has
improved dramatically and considers that the Employer is in a
better position to meet the worker's claim of #1,166.50 which
takes into account loss of earnings incurred etc., (details
supplied to the Court).
2. The worker's work performance was never called into
question. She never received any warnings either written or
verbal concerning her standard of her work. She was forced to
leave her employment because her Employer attempted to
unilaterally impose changes, which would have worsened her
conditions of employment.
DECISION:
8. The Court in considering this appeal notes the terms of the
agreement signed by the parties dated 28th October, 1988. The
Court is of the view that the evidence presented to it at the
hearing does not justify altering the amount specified in that
agreement which is to be paid to the appellant.
The Court accordingly does not uphold the appeal and recommends
that the terms of the Rights Commissioner's Recommendation dated
6th January, 1989 be implemented.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___29th___March,___1989. ___________________
M. D. / M. F. Deputy Chairman