Labour Court Database __________________________________________________________________________________ File Number: CD94659 Case Number: AD9536 Section / Act: S13(9) Parties: P.M. IMAGING LIMITED - and - A WORKER |
Appeal by the worker against Right Commissioner's recommendation No. CW204/94.
Recommendation:
The Court, given the circumstances of the case, upholds the
recommendation of the rights Commissioner.
The Court so decides.
Division: Mr McGrath Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD94659 APPEAL DECISION NO. AD3695
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
P.M. IMAGING LIMITED
AND
A WORKER
SUBJECT:
1. Appeal by the worker against Right Commissioner's
recommendation No. CW204/94.
BACKGROUND:
2. The worker concerned commenced employment with the Company in
August, 1993. He was dismissed in February, 1994. The
worker claimed that he was unfairly dismissed and sought
compensation. He referred the dispute to a Rights
Commissioner for investigation and recommendation. On the
14th October, 1994 the Rights Commissioner issued his
recommendation as follows:-
"I recommend that the claim succeeds and I award
compensation of #1,000 to the worker in settlement of
this dispute."
(The worker was named in the Rights Commissioner's
recommendation).
On the 11th November, 1994 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 25th April, 1995. The Company
did not attend the hearing but by letter dated 24th April,
1995 advised the Court that it had ceased trading with effect
from 31st March, 1995.
WORKER'S ARGUMENTS:
3. 1. The worker was employed by the Company for a period in
excess of six months. His work was satisfactory and
other than being told to increase his output, the worker
was not advised that he was unsuitable or that his job
was in jeopardy.
2. The worker returned to his job on the 14th February,
1994 having been on sick leave for one week through
injury. On the 15th February he was summoned to see the
Managing Director who arbitrarily dismissed him. He did
not receive a written warning as provided for in his
contract of employment.
DECISION:
The Court, given the circumstances of the case, upholds the
recommendation of the rights Commissioner.
The Court so decides.
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Signed on behalf of the Labour Court
2nd May, 1995 Tom McGrath
T.O'D./D.T. ______________
Deputy Chairman