FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SYSTEMS INTERIORS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. Appeal by both parties against Rights Commissioner's Recommendation No. 1102/97.
BACKGROUND:
2. The appeal concerns a worker who commenced employment with the Company as a general operative on the 22nd of May, 1997. His employment ended on the 3rd of October, 1997. The worker claimed that he was unfairly dismissed. The Company rejected the claim, The dispute was referred to a Rights Commissioner for investigation. On the 12th of February, 1998, the Rights Commissioner issued her recommendation as follows:-
"On the basis of the evidence presented and in consideration
of the conclusions set out above I recommend that the Company
pay the worker £75 by way of a termination payment in full and
final settlement of all claims by the worker against the Company."
(The worker was named in the Rights Commissioner's recommendation).
Subsequently both parties appealed the recommendation to the Labour Court. The Court heard the appeal on the 21st of April, 1998. The worker did not attend the hearing.
COMPANY'S ARGUMENTS:
3. 1. At approximately 1.30 p.m. on the 3rd of October, 1997 the employer contacted the worker, who together with another employee was at the time working on the employer's house, and requested him to work overtime on the evening in question. The employer explained that he was under pressure to get the work completed and he needed the worker to do overtime. The worker stated that he hated doing overtime and refused the request. The employer pleaded with the worker, to no avail. The worker got very annoyed and hung up.
2. The foreman rang the employer shortly afterwards stating that the claimant had refused to stay and complete his normal day's work and had left the job. Subsequently the worker contacted the Company and requested his P45.
3. While in the employment the worker was treated in a fair and reasonable manner. The employer, on a number of occasions, personally lent him money when requested and organised a FAS apprentice course for him. The worker was not dismissed, he left the employment of his own volition.
DECISION:
Despite having entered an appeal against the Rights Commissioner's recommendation, the worker failed to attend the hearing or make any submission in relation to the case.
On the uncontradicted evidence of the employer, the Court accepts that the worker was not dismissed and the question of compensation does not therefore arise. The employer's appeal is accordingly allowed.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Duffy
5th May, 1998______________________
T.O'.D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.