FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FOX AND GEESE RESTAURANT (REPRESENTED BY DILLON SOLICITORS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Appeal against Rights Commissioner's Recommendation No. CW415/95 concerning alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with the Company as a cook on 11th September, 1994. Her employment was terminated on 5th September, 1995.
The Restaurant was badly damaged due to a fire on the night of 4th September, 1995 which caused management to cease trading for 10 weeks.
The worker claimed that she had been unfairly dismissed and referred the matter to a Rights Commissioner for investigation and recommendation. The Rights Commissioner on 1st August, 1996 recommended as follows:-
"I recommend that the Company offers and the worker accepts
the sum of £140 in settlement of this dispute and any claim in
relation to her employment and its termination."
The worker was named in the Recommendation.
The Rights Commissioner's Recommendation was appealed by the Union to the Labour Court on 19th August, 1996 under Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 1st October, 1996.
UNION'S ARGUMENTS:
3. 1. Management had no complaints regarding the worker's job performance and at no stage indicated that she was in danger of losing her job.
2. Workers with less service than the worker concerned were retained in employment.
3. The worker was treated unfairly by management. She carried out her duties in a diligent and professional manner. Management's decision to dismiss her was not justified.
COMPANY'S ARGUMENTS:
4. 1. Management acknowledge that it had no complaints regarding the worker's job performance but the whole method of the operation has changed and the worker's job no longer exists.
2. The business lost substantial trade during the period of closure. It left management with no alternative but to terminate the employment of the worker concerned.
3. The Rights Commissioner recommended that the worker accepts the sum of £140 in settlement of the dispute and any claim in relation to her employment and its termination. Management accepted the Recommendation and paid the £140.
DECISION:
Having considered the submissions from the parties the Court has concluded that the Rights Commissioner's Recommendation should be altered in that the amount of compensation be increased to £500.
The Court upholds the appeal to that extent and so decides.
Signed on behalf of the Labour Court
Evelyn Owens
4th November, 1996______________________
F.B./D.T.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.