FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DONOVAN MEATS - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Appeal against Rights Commissioner's Recommendation 1037/97.
BACKGROUND:
2. The dispute concerns the alleged unfair dismissal of the worker from her part-time employment with the Company, in late September, 1997. The worker, who commenced working for the Company on the 3rd of September, 1997 claimed that she was informed by a colleague that the manager intended letting her go and replacing her with a full-time worker. The Company denies the claim of unfair dismissal, stating that there had been no dismissal and that the worker had caused considerable inconvenience by refusing to work.
The matter was the subject of investigation by a Rights Commissioner at which the Company did not attend. The Rights Commissioner concluded ( inter alia ) that, on the basis of what was said by the worker at the hearing, there seemed to have been some intention of creating a full-time position for a worker other than the claimant and that she genuinely believed that the Company intended to dismiss her. The Rights Commissioner recommended that the worker be paid a sum of £75 in full and final settlement of any claims by her against the Company. The Company appealed the Recommendation, on the 13th of March, 1998, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 6th of July, 1998. The worker did not attend the appeal hearing.
COMPANY'S ARGUMENTS:
3. 1. The worker was not dismissed nor was there any intention to give her the impression she was to be dismissed. She was required to continue working as her absence would have meant a staff-shortage.
2. It is rejected that derogatory personal remarks were made by the manager about any members of his staff as he treats all his staff in a fair and reasonable manner.
DECISION:
The employee did not attend the hearing.
Based on the information before the Court, which may not have been available to the Rights Commissioner due to the non-attendance of the employer at that hearing, the Court finds no evidence of the employee having been dismissed and, therefore, finds no reason to make any award.
The Court, therefore, upholds the appeal and rejects the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
10th July, 1998______________________
M.K./S.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Keegan, Court Secretary.