Labour Court Database __________________________________________________________________________________ File Number: CD93238 Case Number: LCR14106 Section / Act: S20(1) Parties: M.J. FLOOD LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A claim of alleged unfair dismissal.
Recommendation:
The Court has considered the views expressed by the claimant in
her oral and written submission and has also considered the
affadavit submitted by Michael Power of M J Flood (Ireland).
The Company did not attend the Court and accordingly at the
hearing neither the claimant or the Court had the opportunity of
questioning the statements made. The Court given all of the
circumstances of the case, find that the claimant has been treated
in a most unacceptable manner by the Company.
The Court accordingly recommends that the claimant be reinstated
immediately.
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93238 RECOMMENDATION NO. LCR14106
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: M.J. FLOOD LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A claim of alleged unfair dismissal.
BACKGROUND:
2. 1. M.J. Flood (Cork) Limited, is a subsidiary of M.J. Flood
(Ireland) Limited. The worker was employed as
Secretary/Receptionist by M.J. Flood (Cork) Limited in March,
1980.
2. In 1987/1988, the Company advised the worker that she
would be paid from then on by Willbrook Limited. In
September, 1990, M.J. Flood (Cork) Limited ceased trading
under its own name. On the 18th December, 1992, the worker
was informed that Willbrook Limited had gone into liquidation
and she was being made redundant. The two sales
representatives of the Company were taken on by M.J. Flood
(Ireland) Limited.
3. On the 29th March, 1993, the Union referred a claim for
unfair dismissal to the Labour Court under Section 20(1), of
the Industrial Relations Act, 1969. The Court investigated
the claim on the 5th May, 1993 in Cork.
UNION'S ARGUMENTS:
3. 1. The worker was employed from March, 1980 by M.J. Flood
(Ireland) Limited and was dismissed in December, 1992.
2. M.J. Flood continued to trade from the same premises in
Cork with all the same employees except the claimant.
3. Under the European Communities (Safeguarding of
Employees' Rights on Transfer of Undertakings) Rugulations,
1980 the worker should have been allowed to continue in her
position.
COMPANY'S ARGUMENTS:
4. 1. The worker has never been an employee of the Company.
2. The Company has not taken-over the liabilities of
Willbrook Limited.
RECOMMENDATION:
The Court has considered the views expressed by the claimant in
her oral and written submission and has also considered the
affadavit submitted by Michael Power of M J Flood (Ireland).
The Company did not attend the Court and accordingly at the
hearing neither the claimant or the Court had the opportunity of
questioning the statements made. The Court given all of the
circumstances of the case, find that the claimant has been treated
in a most unacceptable manner by the Company.
The Court accordingly recommends that the claimant be reinstated
immediately.
~
Signed on behalf of the Labour Court
Tom McGrath
11th June, 1993 ____________________________________
P.O.C./J.C. Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.