Labour Court Database __________________________________________________________________________________ File Number: CD92756 Case Number: AD934 Section / Act: S13(9) Parties: CIARAN GANNON/T/A CIARAN GANNON SUPERMARKET - and - A WORKER |
Appeal by the worker against Rights Commissioner's recommendation BC360/92 concerning unfair dismissal.
Recommendation:
5. Having considered the submissions of the parties, the Court
does not find grounds to alter the Rights Commissioner's
recommendation that the employer pay the claimant the sum of #450.
Accordingly the payment should be made.
The Court so decides.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92756 APPEAL DECISION NO AD493
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1969
SECTION 13(9)
PARTIES: CIARAN GANNON/T/A CIARAN GANNON SUPERMARKET
AND
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
recommendation BC360/92 concerning unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment as a shop assistant
on 8th June, 1992. She was dismissed on the 5th September, 1992.
She claimed that her dismissal was unfair and referred the issue
to a Rights Commissioner for investigation. On the 23rd November,
1992 the Rights Commissioner issued his recommendation as
follows:-
"In the light of the above I recommend that Ciaran Gannon
trading as Ciaran Gannon Supermarket should pay to the
worker the sum of #450 and that this be accepted by her in
full and final settlement of all claims on the Company in
relation to her employment and its termination".
(The worker was named in the Rights Commissioner's
recommendation).
On the 2nd December, 1992 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 14th January, 1993.
WORKER'S ARGUMENTS:
3. 1. When the worker commenced employment at the supermarket
she understood that the position was permanent. Initially she
found the Employer to be fair and reasonable. In July, 1992,
she worked 10-14 hours per day over a period of two weeks
while other staff were on holiday. She did not have a day
off. She often worked in the shop on her own during this
time. When the two other workers returned from holiday the
Employer's attitude changed and he became verbally abusive to
the worker after she had been out sick for one day. She
subsequently submitted a sickness certificate because she was
suffering from back trouble. On submission of a second
certificate she was unfairly and arbitrarily dismissed. She
is seeking adequate compensation.
EMPLOYER'S ARGUMENTS:
4. 1. The worker was recruited on a temporary basis for a
trial period of three months. She was cautioned twice by the
employer in relation to her handling of customers and
accepting cheques without Management approval. She was also
warned about wearing jeans contrary to Company regulations.
2. When the worker advised the Employer of her illness he
was sympathetic and advised her to consult a doctor. However,
when he received sickness certificates indicating that the
worker suffered from back trouble he had no option but to let
the worker go as he could not keep her position vacant
indefinitely. He has since recruited another worker.
DECISION:
5. Having considered the submissions of the parties, the Court
does not find grounds to alter the Rights Commissioner's
recommendation that the employer pay the claimant the sum of #450.
Accordingly the payment should be made.
The Court so decides.
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Signed on behalf of the Labour Court
Kevin Heffernan
28th January, 1993 ----------------
T O'D/U.S. Chairman