FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONWIDE KITCHENS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. Appeal against Rights Commissioner's Recommendation IR416/99.
BACKGROUND:
2. The above appeal was heard by the Court on the 22nd of October, 1999, in accordance with Section 13 (9) of the Industrial Relations Act, 1969. The following is the Court's decision.
DECISION:
In this case the Rights Commissioner recommended that the claimant was not constructively dismissed. In the course of the hearing the representative of the claimant told the Court that this was not the subject of her complaint but that it related to other matters which were not dealt with by the Rights Commissioner.
In determining this appeal, the Court can only deal with the matter dealt with by the Rights Commissioner in his Recommendation.
The Court agrees with the Rights Commissioner's conclusion that the claimant was not constructively dismissed. In these circumstances the Court determines that the Recommendation of the Rights Commissioner be upheld and the appeal disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
9th November, 1999.______________________
MK/BCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Keegan, Court Secretary.