Labour Court Database __________________________________________________________________________________ File Number: CD90724 Case Number: LCR13184 Section / Act: S20(1) Parties: THE ISLAND GOLF CLUB - and - A WORKER |
Claim by the worker concerning her alleged unfair dismissal.
Recommendation:
4. The Club refused to attend a Rights Commissioner's hearing and
failed to send a representative to the Court hearing. Thus having
heard nothing to the contrary, the Court accepts fully the
submission made by the worker concerned and is of the opinion that
she was treated very shabbily indeed. In the circumstances,
therefore, the Court recommends that the worker be paid the
equivalent of ten weeks' earnings as compensation plus a further
two weeks in lieu of notice.
Division: Mr O'Connell Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD90724 RECOMMENDATION NO. LCR13184
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: THE ISLAND GOLF CLUB
and
A WORKER
SUBJECT:
1. Claim by the worker concerning her alleged unfair dismissal.
BACKGROUND:
2. During the Summer of 1990, the worker concerned was approached
by the Head Cleaner of the golf club to see if she would be
interested in doing relief cleaning work. The worker concerned
accepted the job. She worked for three weeks in July and two
weeks in August, 1990. During this period she had to work one day
a week on her own and she asked the Head Cleaner if it would be
alright to have a girl help her out on that day. The Head Cleaner
agreed. The worker concerned paid the helper out of her own
wages. In October, 1990, the worker concerned was again
approached by the club to ascertain if she would be interested in
replacing a cleaner who was moving to a new job. The worker
concerned accepted the position and commenced work on 25th
October, 1990. One of her duties was to wax the floor of the
function room on Thursdays and the Head Cleaner suggested that the
worker concerned should use the helper on those days. This she
did and again paid the helper from her own wages. On Friday, 9th
October, 1990, the worker was called to the office where she was
informed that she was being let go because she had someone helping
her. She was also told that a new cleaner would be starting the
following day. The worker concerned felt she was being treated
unfairly and referred the matter to a Rights Commissioner,
however, the employer declined to attend a Rights Commissioner's
investigation. On 10th December, 1990, the worker referred the
matter to the Labour Court for investigation and recommendation
under Section 20(1) of the Industrial Relations Act, 1969. Prior
to the Court's investigation on 25th January, 1991 the worker
agreed to be bound by the Court's recommendation. No
representative of the golf club attended the Court hearing.
WORKER'S ARGUMENTS:
3. 1. The worker believes that she was treated very unfairly.
The Head Cleaner suggested that she use a helper. At no stage
was she told not to use the helper. The Captain of the golf
club informed the worker that she was not let go because of
the quality of her work and that he would give her a good
reference.
3. 2. The worker was told that a new cleaner was due to start
on Saturday 10th November, 1990. The worker met the woman who
was replacing her and was told that the new cleaner had
actually commenced work on the previous Monday 5th November,
1990, and had worked on the 6th November, 1990, also. (The
worker concerned did not work these days).
RECOMMENDATION:
4. The Club refused to attend a Rights Commissioner's hearing and
failed to send a representative to the Court hearing. Thus having
heard nothing to the contrary, the Court accepts fully the
submission made by the worker concerned and is of the opinion that
she was treated very shabbily indeed. In the circumstances,
therefore, the Court recommends that the worker be paid the
equivalent of ten weeks' earnings as compensation plus a further
two weeks in lieu of notice.
~
Signed on behalf of the Labour Court
John O'Connell
13th February, 1991 --------------
B O'N/U.S. Deputy Chairman