Labour Court Database __________________________________________________________________________________ File Number: CD94163 Case Number: AD9458 Section / Act: S13(9) Parties: CELTIC HAMPERS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Company against Rights Commissioner's Recommendation BC431/93 concerning the alleged unfair dismissal of a worker.
Recommendation:
Having considered the submissions from the parties the Court is
satisfied that the Rights Commissioners recommendation is
reasonable in the circumstances and should be upheld. The Court
accordingly rejects the appeal and so decides.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94163 APPEAL DECISION NO. AD5894
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
CELTIC HAMPERS LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Company against Rights Commissioner's
Recommendation BC431/93 concerning the alleged unfair
dismissal of a worker.
BACKGROUND:
2. 1. The worker commenced employment with the Company as a
general operative on 4th October, 1993. After working
three weeks on the warehouse floor he moved to the Simms
warehouse to help in its operation. On 19th November,
1993, the worker was informed by the Distribution
Manager that his employment was terminated. The
Manager informed him that he was being dismissed because
he and his supervisor were not running the warehouse
properly.
2. The dispute was referred to a Rights Commissioner and an
investigation was held on 28th February, 1994. The
Rights Commissioner in his recommendation BC431/93
issued on 9th March, 1994 recommended:-
" that Celtic Hampers should pay to the worker the
sum of #500 and this be accepted by him in full and
final settlement of this claim".
The workers name was used in the recommendation.
The Company appealed the recommendation to the Labour
Court on 11th March, 1994. The Court heard the appeal
on 11th August, 1994 (the earliest date suitable to the
parties).
COMPANY'S ARGUMENTS:
3. 1. The worker's work was unsatisfactory from the point of
view of layout and general organisation of the
warehouse.
2. The worker was caught playing pool at a time deemed not
to be break time and could give no viable excuse for his
behaviour.
UNION'S ARGUMENTS:
4. 1. The worker was never reprimanded verbally or in writing
in relation to any aspect of his performance.
2. The worker carried out all of the duties assigned to him
in a consistent and diligent manner and obeyed all
instructions issued to him by both management and
supervisors
3. No written explanation was given to the worker for his
dismissal
4. The worker was unable to take his break at the normal
time due to the warehouse being busy. He was playing
pool later when he was able to take his break.
DECISION:
Having considered the submissions from the parties the Court is
satisfied that the Rights Commissioners recommendation is
reasonable in the circumstances and should be upheld. The Court
accordingly rejects the appeal and so decides.
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Signed on behalf of the Labour Court
25th August, 1994 Evelyn Owens
P.O'C./M.M. ______________
Chairman