FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NOONAN CLEANING LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR811/99/MR.
BACKGROUND:
2. The appeal concerns one worker, a cleaning operative who, following allegations by the Company in relation to a range of issues, was issued with a final warning and was, subsequently, transferred to a new location. The Union, on behalf of the worker, denied the allegations strenuously and sought her return to her original work location. The matter was the subject of investigation by a Rights Commissioner, who found that the Company had acted in a fair and reasonable manner. He recommended that the worker's claim to be allowed to return to her original work location should fail. The Union appealed the Rights Commissioner's Recommendation, to the Labour Court, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The worker did not attend the appeal hearing and the Union sought a deferment of the case, which was granted, pending reasonable cause being shown as to why the worker had not appeared for the original appeal hearing. The Court's decision on the appeal is as follows:-
DECISION:
The worker did not attend the hearing. However, as her Union representative was present, the Court might have allowed her the opportunity to re-enter the case on condition that reasonable cause was shown for her non-attendance. As no cause was submitted, the Court, hereby, gives its decision on this appeal.
In the absence of the appeal being moved by the worker, the Court is of the opinion that the Rights Commissioner's recommendation should be upheld.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st August, 2000______________________
MK/MKDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Keegan, Court Secretary.