Labour Court Database __________________________________________________________________________________ File Number: CD91113 Case Number: AD9161 Section / Act: S13(9) Parties: IRISH BANQUETING SERVICES LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against Rights Commissioner's Recommendation Nos. B.C. 306-308/90 concerning the alleged unfair dismissal of three casual bar assistants.
Recommendation:
8. Having given careful consideration to the submission made by
the parties concerned in the dispute and having examined the
evidence submitted the Court finds no basis for altering the
Rights Commissioner recommendation and accordingly rejects the
appeal.
Division: Ms Owens Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD91113 APPEAL DECISION NO. AD6191
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: IRISH BANQUETING SERVICES LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation Nos. B.C. 306-308/90 concerning the alleged unfair
dismissal of three casual bar assistants.
BACKGROUND:
2. The workers are employed by various catering companies which
provide catering facilities at racemeetings, other outdoor
functions, etc., as casual bar assistants. They had been employed
on a casual basis by the Company since October, 1986 when it
secured the contract to cater at various racetracks.
3. On 28th September, 1990 the workers had individual meetings
with the Company. At the meetings they were informed that the
Company had engaged the services of an independent security
company to investigate irregularities in the company bars. The
workers were interviewed regarding these. Following meetings and
correspondence between the Company and the Union, the Company
wrote to the workers on 9th November, 1990 terminating their
employment. It was not satisfied with their responses regarding
the irregularities.
4. The Union referred the issues to the Rights Commissioner for
investigation and recommendation. The Rights Commissioner
investigated the dispute on 18th December, 1990 and on 24th
January, 1991 he recommended as follows:-
"I have very carefully considered the points made by both
parties at the investigation at Beggars Bush and since I am
satisfied that the Company on the foot of the report ISS made
to it had every reason to be concerned with regard to the
operation of the Bars at racecourses. It carried out a
thorough and careful inquiry. I am also satisfied that every
opportunity was given to the three men involved to account
for themselves and also a full opportunity was given to their
Trade Union to represent and respond to the accusations made.
Management was entitled to assume and act upon the fact that
no reasonable persuasive explanation had been given by the
Trade Union employees. Therefore, it is my conviction that
Management did not act unfairly in discharging the three men
on the occasion in question. In the light of that their case
must fail and this I recommend accordingly."
5. The Union appealed the recommendation of the Labour Court
under Section 13(9) of the Industrial Relations Act, 1969. A
Court hearing was held on 27th February, 1991 but was adjourned
until 8th July, 1991 as one of the Company's witnesses was unable
to attend.
UNION'S ARGUMENTS:
6. 1. The workers deny that any irregularities occurred during
their employment with the Company. They have answered the
allegations put to them by the Company and their statements
are a true recollection of their knowledge of events on the
days in question.
2. The workers have long experience in this particular line
of work and have and are working for many different catering
companies. They consider that the security firm's report is
an attempt to justify its position in the service of the
Company.
COMPANY'S ARGUMENTS:
7. 1. The Company became aware that there were problems in the
bars it operated. The Company was unable to get to the bottom
of the problem and engaged the services of a private security
firm. Its brief was to monitor the activities in the various
bars and to report to the Company accordingly. On the basis
of the security firm's report, the workers were interviewed
regarding apparent irregularities which occurred at the bars
at two racecourses and a trade show. The workers answers were
unacceptable and consequently their employment was
terminated.
2. The Company conducted a fair and thorough investigation of
the alleged irregularities. The workers were given every
opportunity to respond to them with their representative
present.
DECISION:
8. Having given careful consideration to the submission made by
the parties concerned in the dispute and having examined the
evidence submitted the Court finds no basis for altering the
Rights Commissioner recommendation and accordingly rejects the
appeal.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________________
29th July, 1991 Deputy Chairman
M.D./J.C.