Labour Court Database __________________________________________________________________________________ File Number: CD9131 Case Number: AD9114 Section / Act: S13(9) Parties: PASS RIGHT SCHOOL OF MOTORING LIMITED - and - A WORKER |
Appeal by a worker against Rights Commissioner's recommendation no. CW 206/90 concerning alleged unfair dismissal.
Recommendation:
5. The Court, having heard the submissions of the parties and
noting that the Company are prepared to implement the award made
by the Rights Commissioner and that payment of this amount would
be acceptable to the complainant, upholds the recommendation of
the Rights Commissioner "that the School offers and the worker
accepts the sum of #100 in settlement of this dispute".
The Court so decides.
Signed on behalf of the Labour Court
28th February, 1991 Tom McGrath
A.S./M.O'C. _______________
Deputy Chairman
Division: MrMcGrath Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD9131 APPEAL DECISION NO. AD1491
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 13(9)
PARTIES: PASS RIGHT SCHOOL OF MOTORING LIMITED
AND
A WORKER
SUBJECT:
1. Appeal by a worker against Rights Commissioner's
recommendation no. CW 206/90 concerning alleged unfair dismissal.
BACKGROUND:
2. Prior to May, 1990 the Company operated two dual-controlled
cars which were on lease. The Company then decided that it was
feasible to lease a third car and recruited the worker as a
driving instructor on 14th May, 1990. The Company claims that,
due to a decline in demand, the continued operation of the third
car on a full-time basis was not economically viable and
consequently the worker had to be made redundant (on a first-in
last-out basis). The conditions of the leasing agreement meant
that the Company had to keep the third car and employ part-time
instructors on a short-term notice basis. The worker claims that
she was unfairly dismissed and was not offered whatever part-time
work was available. No agreement could be reached at local level
and the matter was referred to a Rights Commissioner who
investigated the dispute on 19th November, 1990. He issued the
following recommendation on 30th November, 1990:-
"Recommendation
I recommend that the School offers and the worker accepts the
sum of #100 in settlement of this dispute"
(the worker was named in the recommendation)
The worker on 11th January, 1991 appealed the recommendation to
the Labour Court under Section 13(9) of the Industrial Relations
Act, 1969. The Court heard the appeal on 1st February, 1991.
WORKER'S ARGUMENTS:
3. 1. The Company recruited one full-time and three part-time
employees before the worker's employment was terminated.
Although the Company found no fault with her work she was not
offered any of the part-time jobs that were available. The
Company should compensate her for her loss. The worker will
be bound by the decision of the Labour Court.
COMPANY'S ARGUMENTS:
4. 1. The worker's employment was terminated for economic
reasons only arising from losses sustained on the operation
of a third car. The Company found no fault with the worker
and offered to help her find alternative employment as an
instructor. The Company is prepared to accept the decision
of the Labour Court.
DECISION:
5. The Court, having heard the submissions of the parties and
noting that the Company are prepared to implement the award made
by the Rights Commissioner and that payment of this amount would
be acceptable to the complainant, upholds the recommendation of
the Rights Commissioner "that the School offers and the worker
accepts the sum of #100 in settlement of this dispute".
The Court so decides.
Signed on behalf of the Labour Court
28th February, 1991 Tom McGrath
A.S./M.O'C. _______________
Deputy Chairman