Labour Court Database __________________________________________________________________________________ File Number: CD93682 Case Number: AD9413 Section / Act: S13(9) Parties: FORMULA K LIMITED - and - MR. DAVID MC KENNA |
Appeal against Rights Commissioner's Recommendation No. ST374/93 concerning the alleged unfair dismissal of the worker.
Recommendation:
The Court has heard the views of the claimant in this case. The
employer did not attend the Court.
It is the view of the Court that the employee concerned was
treated in a reprehensible manner by the employer here concerned.
In the circumstances the Court accordingly upholds the
recommendation of the Rights Commissioner.
The Court so decides.
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93682 APPEAL DECISION NO. AD1394
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
FORMULA K LIMITED
AND
MR. DAVID MC KENNA
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
ST374/93 concerning the alleged unfair dismissal of the worker.
BACKGROUND:
2. 1. The worker was a security guard with the Company which
operated a go-karting centre. The worker was employed from
September 1992 to 4th August, 1993 when he was dismissed.
2. The worker alleged that he was unfairly dismissed and
the case was referred to the Rights Commissioners' Service.
A Rights Commissioner's investigation took place on 5th
November, 1993 at which the employer did not attend.
3. The Rights Commissioner's Recommendation No. ST374/93 as
was issued on 24th November, 1993:-
"I recommend that the claimant was unfairly dismissed by
way of redress I recommend that he receives the sum of
#1,000 as redress from his former employer."
4. The Recommendation was appealed by the worker on 3rd
December, 1993 under Section 13(9) on the Industrial
Relations Act, 1969. The Labour Court heard the appeal on
28th January, 1994. The Company was not represented at the
appeal.
WORKER'S ARGUMENTS:
3. 1. On 4th August 1993, the worker was at work when he was
notified that his daughter had been taken to the hospital.
The worker took the trouble to provide cover for the Company
before going to the hospital. When he returned, he was
informed that he no longer had a job.
2. In the circumstances, the worker's dismissal caused him
great distress. The worker has not been employed since he
was dismissed and he is having some financial difficulties.
The worker seeks that the Rights Commissioner's
Recommendation be implemented.
DECISION:
The Court has heard the views of the claimant in this case. The
employer did not attend the Court.
It is the view of the Court that the employee concerned was
treated in a reprehensible manner by the employer here concerned.
In the circumstances the Court accordingly upholds the
recommendation of the Rights Commissioner.
The Court so decides.
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Signed on behalf of the Labour Court
11th February, 1994 Tom McGrath
J.F./A.L. ________________
Deputy Chairman