Labour Court Database __________________________________________________________________________________ File Number: CD92126 Case Number: LCR13898 Section / Act: S20(1) Parties: CANDY & CO. LTD. - and - A WORKER;MARINE PORT & GENERAL WORKERS UNION |
Dispute concerning the alleged unfair dismissal of a worker.
Recommendation:
The Court notes that the Company did not respond to the Court's
invitation to attend the hearing and did not make any submission.
Having considered the submission made on behalf of the claimant
the Court recommends payment of one weeks wages and one week's
holiday pay in settlement of the claim.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92126 RECOMMENDATION NO. LCR13898
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CANDY & CO. LTD.
AND
A WORKER
(Represented by Marine Port & General Workers Union)
SUBJECT:
Dispute concerning the alleged unfair dismissal of a worker.
BACKGROUND:
1. The worker commenced employment in May, 1989 in the capacity of
confectionery packer. While on sick-leave, the worker contacted
the Company on the 7th May, 1990 to advise of her illness, and was
informed that she would not be required to return to work.
2. The Union attempted to raise the dispute with the Company on
numerous occasions between May, 1990 and February, 1992 but did
not succeed in arranging a meeting, either directly or through the
Labour Relations Commission. The dispute was referred to the
Labour Court on the 25th February, 1992. The Court investigated
the dispute on the 2nd December, 1992 (the earliest date
convenient to both parties). The Company did not attend and was
not represented at the Court hearing.
WORKERS' ARGUMENTS:
3. The Company dismissed the worker while she was on certified
sick leave. Illnesses which had caused her absences from work
previously were also certified.
4. The Company had not advised the worker that it was in any way
dissatisfied with her performance. The worker was given no notice
of her dismissal.
RECOMMENDATION:
The Court notes that the Company did not respond to the Court's
invitation to attend the hearing and did not make any submission.
Having considered the submission made on behalf of the claimant
the Court recommends payment of one weeks wages and one week's
holiday pay in settlement of the claim.
~
Signed on behalf of the Labour Court
11th December, 1992 Evelyn Owens
M.K./M.H. ___________________________________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan.