Labour Court Database __________________________________________________________________________________ File Number: CD94188 Case Number: AD9453 Section / Act: S13(9) Parties: MOUNT COOTE STUD - and - A WORKER;LEE'S SOLICITORS |
Dispute concerning an alleged unfair dismissal.
Recommendation:
The Court whilst recognising the needs of the employer consider
that he acted precipatively in dismissing the claimant. Further
the Court considers the alternative work offered was not a genuine
offer and was inappropriate given the situation.
In all the circumstances the Court finds that the actions of the
employer were unreasonable.
The Court accordingly upholds the appeal and decides that the
appellant be paid a sum of #500 in full and final settlement of
the issue.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94188 APPEAL DECISION NO. AD5394
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
MOUNT COOTE STUD
AND
A WORKER
SUBJECT:
1. Dispute concerning an alleged unfair dismissal.
BACKGROUND:
2. 1. The worker was recruited to "ride-out" young horses in
November, 1991. On the 10th of December he had an
accident at work and he was paid by the Company up to
the 20th of December, 1991. By letter dated 20th of
January, 1992, the worker was dismissed.
2. The worker referred a claim for alleged unfair dismissal
to the Rights Commissioners Service and an investigation
took place the 24th of November, 1993. The Rights
Commissioner's recommendation, as follows, was issued on
the 28th of February 1994.
"In the light of the above I must find that the
Employer did not act unreasonably in terminating the
employment of of the worker on the 20th of December
1991. I recommend accordingly."
3. 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 in Limerick on the 29th of June 1994.
UNION'S ARGUMENTS:
3. 1. The worker was unfairly dismissed by the Company. The
reason for the dismissal was related to the fact that he
received an injury in the course of his employment
(which injury is the subject of civil proceedings) and
that because proceedings were brought against the
employer, the employer terminated his employment.
2. The worker was not offered alternative employment which
it was possible for him to do given his injury (details
supplied). The worker would have been in a position to
do any office job.
COMPANY'S ARGUMENTS:
4. 1. The worker did not have a permanent position with the
Company. When he became ill, he was unable to indicate
when he would be in a position to return to work. In
those circumstances, there was no requirement on the
employer to keep the employment open.
2. In the circumstances the employer offered the worker
alternative employment but he declined same. The
employer had no alternative but to terminate the
worker's employment.
DECISION:
The Court whilst recognising the needs of the employer consider
that he acted precipatively in dismissing the claimant. Further
the Court considers the alternative work offered was not a genuine
offer and was inappropriate given the situation.
In all the circumstances the Court finds that the actions of the
employer were unreasonable.
The Court accordingly upholds the appeal and decides that the
appellant be paid a sum of #500 in full and final settlement of
the issue.
~
Signed on behalf of the Labour Court
22nd July, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.