Labour Court Database __________________________________________________________________________________ File Number: CD95711 Case Number: AD9631 Section / Act: S13(9) Parties: APRICOT LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal of Rights Commissioner's Recommendation No. BC 198/95 concerning alleged unfair dismissal.
Recommendation:
The Court having considered the written and oral submissions of
the parties upholds the Right Commissioner's Recommendation and
rejects the appeal.
The Court so decides.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95711 APPEAL DECISION NO. AD3196
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
APRICOT LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal of Rights Commissioner's Recommendation No. BC 198/95
concerning alleged unfair dismissal.
BACKGROUND:
2. The Company provides catering facilities at Leopardstown
Racecourse and other venues throughout the country.
The worker concerned commenced employment with the Company as
a casual bar-assistant in August, 1993. Her employment was
terminated on 17th May, 1995. The Company's position is that
the worker's conduct during the course of her employment at
Leopardstown Racecourse on 17th May, 1995 was unacceptable.
A time and date generated report concerning the events of
17th May, 1995, which was recorded on videotape was presented
to the Court.
The worker claimed that she had been unfairly dismissed and
referred the matter to a Rights Commissioner for
investigation and recommendation. The Rights Commissioner's
Recommendation is as follows:-
"Having investigated the matter and having given
full and careful consideration to the points made
by both parties and in particular having assessed
the relevance of the video taped evidence I am
satisfied that the employer did not act unfairly in
terminating the worker's employment on the date in
question."
The worker was named in the recommendation.
The Rights Commissioner's Recommendation was appealed by the
Union to the Labour Court on 15th December, 1995 under
Section 13(9) of the Industrial Relations Act, 1969. The
Labour Court heard the appeal on 7th March, 1996.
UNION'S ARGUMENTS:
3. 1. The worker was not present at the video presentation on
23rd October, 1995. The video tape evidence is
inadmissible. It was taken without the worker's consent
and is not an accurate reflection of the events on the
day in question. In the circumstances the worker should
be reinstated and compensated for her loss to date.
COMPANY'S ARGUMENTS:
4. 1. As part of the Company's cash handling policy, different
cash points are monitored by video camera. This system
provides time and date generated information in all cash
and till transactions at the cash point being monitored.
2. The tape is available for inspection by the Labour
Court. The evidence on tape provides a clear picture
and shows the seriousness of each incident and an
understanding of the Company's action in dismissing the
worker.
DECISION:
The Court having considered the written and oral submissions of
the parties upholds the Right Commissioner's Recommendation and
rejects the appeal.
The Court so decides.
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Signed on behalf of the Labour Court
19th April, 1996 Finbarr Flood
F.B./S.G. _______________
Deputy Chairman