Labour Court Database __________________________________________________________________________________ File Number: CD92159 Case Number: AD92213 Section / Act: S13(9) Parties: GRAMPOUND LIMITED T/A CAPTAIN AMERICA'S WEST - and - A WORKER |
Appeal by the worker against Rights Commissioner's recommendation No. B.C. 457/91 concerning alleged unfair dismissal.
Recommendation:
"In view of the fact that clear assurances were given to the
worker during his employment and these assurances were
expressed to him by the employer concerning the security of
his position especially in view of the fact that the worker had
during the period of his employment another offer of
employment with a Galway concern, I recommend that Captain
Americas West should pay the worker the sum of #2,000 and
that this be accepted by him in full and final settlement of
all claims on the employer in relation to his employment and
its termination".
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 the 16th April, 1992.
This hearing was adjourned at the request of the Company's legal
advisors. The hearing was resumed on the 6th October, 1992. The
Company did not attend and was not represented at the Court
hearing.
WORKER'S ARGUMENTS:
3. 1. The worker carried out his duties conscientiously and
diligently, and feels that he was treated in an unfair and
improper manner by the employer concerned. He is appealing the
Rights Commissioner's Recommendation on the grounds that, due to
the fact that he has incurred legal expenses since his dismissal,
the amount recommended by the Rights Commissioner is insufficient.
DECISION:
4. In the absence of any submissions by the employer the Court
upholds the Rights Commissioner's award of #2,000 together with a
sum of #250 to meet the legal costs of the worker concerned. The
Court so decides.
Division: Mr O'Connell Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92159 APPEAL DECISION NO. AD21392
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: GRAMPOUND LIMITED T/A CAPTAIN AMERICA'S WEST
and
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
recommendation No. B.C. 457/91 concerning alleged unfair
dismissal.
BACKGROUND:
2. The worker commenced employment with Captain America's West, a
trade name of Grampound Limited, on the 18th March, 1991. After
two-weeks of temporary work, the worker was made permanent on the
2nd of April, 1991. He subsequently stepped aside from his
position of General Manager to undertake duties in the kitchen as
a result of difficulties in the restaurant. He was dismissed on
11th November, 1991.
The worker referred a claim for unfair dismissal to a Rights
Commissioner for investigation and recommendation. The Rights
Commissioner investigated the dispute initially on 5th February,
1992 and subsequently on the 26th February, 1992. The Employer
did not attend nor was he represented at either investigation. On
the 6th March, 1992 the Rights Commissioner issued the following
recommendation:
"In view of the fact that clear assurances were given to the
worker during his employment and these assurances were
expressed to him by the employer concerning the security of
his position especially in view of the fact that the worker had
during the period of his employment another offer of
employment with a Galway concern, I recommend that Captain
Americas West should pay the worker the sum of #2,000 and
that this be accepted by him in full and final settlement of
all claims on the employer in relation to his employment and
its termination".
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 the 16th April, 1992.
This hearing was adjourned at the request of the Company's legal
advisors. The hearing was resumed on the 6th October, 1992. The
Company did not attend and was not represented at the Court
hearing.
WORKER'S ARGUMENTS:
3. 1. The worker carried out his duties conscientiously and
diligently, and feels that he was treated in an unfair and
improper manner by the employer concerned. He is appealing the
Rights Commissioner's Recommendation on the grounds that, due to
the fact that he has incurred legal expenses since his dismissal,
the amount recommended by the Rights Commissioner is insufficient.
DECISION:
4. In the absence of any submissions by the employer the Court
upholds the Rights Commissioner's award of #2,000 together with a
sum of #250 to meet the legal costs of the worker concerned. The
Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
13th October, 1992. Deputy Chairman
M.K./J.C.