FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RIMINI TAKEAWAY - AND - A WORKER DIVISION : Chairman: Employer Member: Worker Member: |
1. Appeal against Rights Commissioner's recommendation DC109/96.
BACKGROUND:
2. The worker was employed for twelve hours per week from August, 1995. He delivered takeaway food for the company on Monday and Friday nights using his own car. The worker claims that on 20th May, 1996, he requested leave for Monday 3rd June, 1996, a bank holiday. He claims that on 31st May, 1996, the manager told him that his services were no longer required.
The worker referred a claim for unfair dismissal to a Rights Commissioner. Both parties attended a hearing on 23rd July, 1996, and the Rights Commissioner issued his recommendation on 27th August, 1996, as follows:-
"I am of the opinion therefore that Rimini Takeaway's summary dismissal of (the worker) in all the circumstances was unreasonable and unfair and I recommend that they pay the claimant compensation of an ex-gratia lump sum of £250 which he should accept in full and final settlement of all claims against his former employer".
The worker appealed the recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on 12th November, 1996. The Company declined an invitation to attend.
WORKER'S ARGUMENTS:
3. 1. The manager told the worker that he had requested leave for too many bank holidays. However, on the one previous occasion that he had requested leave, he was refused and duly worked the bank holiday.
2. The manager alleged that he had received complaints on 29th May, 1996, that the worker had short-changed customers on 27th May, 1996. The worker disputed this as he had called to all the customers and confirmed that none of them had made a complaint.
3. At the Rights Commissioner's hearing the Company confirmed that no written complaints had been received and the manager was unable to offer any specific details. The worker's dismissal has caused himself and his family a great deal of embarrassment and upset.
DECISION:
The Court notes that the Company declined the invitation to attend the hearing.
The Court is satisfied that the Rights Commissioner's recommendation is reasonable and should be upheld.
The Court accordingly rejects the appeal and so decides.
Signed on behalf of the Labour Court
Evelyn Owens
3rd December, 1996______________________
D.G./S.G.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Dympna Greene, Court Secretary.