Labour Court Database __________________________________________________________________________________ File Number: CD91357 Case Number: AD9181 Section / Act: S13(9) Parties: LEKKER QUALITY FOODSERVICE - and - A WORKER |
Appeal by both parties against Rights Commissioner's Recommendation No. BC111/91 concerning a claim of alleged unfair dismissal.
Recommendation:
8. The Court having considered the Rights Commissioner's
recommendation and all the issues raised by the parties in their
oral and written submissions finds that the complainant was
treated unfairly and that she should be compensated in the amount
of £1200 in full and final settlement of all claims on the
Company.
The Court so decides.
Division: MrMcGrath Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD91357 APPEAL DECISION NO. AD8191
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: LEKKER QUALITY FOODSERVICE
and
A WORKER
SUBJECT:
1. Appeal by both parties against Rights Commissioner's
Recommendation No. BC111/91 concerning a claim of alleged unfair
dismissal.
BACKGROUND:
2. The Company services various companies in the Catering
Industry with part-prepared and ready to finish catering items
such as turkey and ham portions, chicken kiev, sandwiches canapes,
gateaux etc. Virtually all of the products are prepared by hand
and there is no cooking involved.
3. The worker commenced employment as a general assistant on a
temporary basis in April, 1990. She was made permanent on 1st
December, 1990 and assumed the responsibilities of supervisor.
Her rate of pay was increased from £2 to £3.50 an hour. During
her temporary employment she was laid-off from 7th June, 1990 to
2nd July, 1990.
4. On the 6th April, 1991 the worker's employment was terminated.
She referred a claim for alleged unfair dismissal to a Rights
Commissioner for investigation and recommendation. The Rights
Commissioner investigated the dispute on 11th June, 1991 and on
the 20th June, 1991 issued the following recommendation:-
"In the light of the above I must conclude that the employment
of the worker was unfairly terminated by the Company. I do
not recommend reinstatement. My recommendation is that
Lekker Foods should pay to the worker the sum of £600 and
that this be accepted by her in full and final settlement of
all claims on the Company in relation to the termination of
her employment."
The worker was referred to by name in the Rights Commissioner's
Recommendation.
5. Both parties appealed the Rights Commissioner's recommendation
to the Labour Court under the Section 13(9) of the Industrial
Relations Act, 1969. The Court heard the appeal on the 1st August
and the 27th August, 1991.
WORKER'S ARGUMENTS:
6. 1. Staff in the Company generally encountered problems
regarding holiday money, overtime payments, non receipt of pay
slips, meal breaks etc. The worker, on their behalf,
contacted the Department of Labour seeking explanatory
leaflets regarding workers' entitlements. When these were
pointed out to the employer, including back money due, all
staff were dismissed. All were subsequently re-employed with
the exception of the worker concerned.
2. The worker carried out her duties to the best of her
abilities and at times collected staff from their homes and
dropped them home in the evenings at her own expense.
3. The worker was sacked because she sought the workers'
legal entitlements. The amount of compensation recommended by
the Rights Commissioner is insufficient as it does not take
into account all monies due.
COMPANY'S ARGUMENTS:
7. 1. The worker was dismissed by reason of redundancy. She has
not been replaced. Due to a downturn in business all aspects
were examined and the only area where savings could be made
was in staffing.
2. The Employer and the worker went through the booklets from
the Department of Labour and where employees were not in
receipt of their full entitlements the situation was
rectified.
DECISION:
8. The Court having considered the Rights Commissioner's
recommendation and all the issues raised by the parties in their
oral and written submissions finds that the complainant was
treated unfairly and that she should be compensated in the amount
of £1200 in full and final settlement of all claims on the
Company.
The Court so decides.
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Signed on behalf of the Labour Court
Tom McGrath
_______________________
16th September, 1991. Deputy Chairman
M.D./J.C.