Labour Court Database __________________________________________________________________________________ File Number: CD92336 Case Number: AD92186 Section / Act: S13(9) Parties: CLEARMODES (DISTRIBUTORS) LIMITED - and - A WORKER |
Appeal by the worker against Rights Commissioner's recommendation No. BC76/92.
Recommendation:
5. In the absence of any representation from the employer the
Court is of the opinion that the Rights Commissioner's
recommendation should be upheld.
The Court so decides.
Division: Mr O'Connell Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92336 APPEAL DECISION NO. AD18692
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CLEARMODES (DISTRIBUTORS) LIMITED
AND
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
recommendation No. BC76/92.
BACKGROUND:
2. The worker was employed by the Company for fourteen weeks
until she was dismissed on 24th January, 1992. The worker claimed
that she was unfairly dismissed and referred the issue to a Rights
Commissioner for investigation and recommendation. The Rights
Commissioner investigated the dispute on 10th April, 1992 in the
absence of the Company who did not attend or was not represented
at the investigation. The Rights Commissioner issued the
following recommendation dated 1st May, 1992:
"Having investigated the matter and having given full and
careful consideration to the points made by the claimant and
having subjected her testimony to the most rigorous
examination I am satisfied that the worker was unfairly
dismissed from her employment on the date in question. I do
not recommend reinstatement.
My recommendation is that Clearmodes Ltd. should pay to the
worker the sum of #400 (this includes one week's pay in lieu
of notice) and that she accept this in full and final
settlement of all claims on the employer in relation to her
employment and its termination."
The worker was referred to by name in the Rights Commissioner's
recommendation.
The worker appealed the Rights Commissioner's recommendation to
the Labour Court under Section 13(9) of the Industrial Relations
Act, 1969. The Court heard the appeal on 14th July, 1992. The
Company did not attend or was not represented at the Court
hearing.
WORKER'S ARGUMENTS:
4. 1. The worker has been unfairly dismissed and should be
adequately compensated.
DECISION:
5. In the absence of any representation from the employer the
Court is of the opinion that the Rights Commissioner's
recommendation should be upheld.
The Court so decides.
~
Signed on behalf of the Labour Court
10th August, 1992 John O'Connell
M.D./M.H. ------------------------------------
Deputy Chairman.