FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PREMIER CABS - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR 583/99/JH.
BACKGROUND:
2. The appeal concerns a worker who commenced employment with the Company on the 28th of September, 1998. He was dismissed on the 30th June, 1999. The worker claimed that his dismissal was unfair. The dispute was referred to a Rights Commissioner for investigation and recommendation. On the 20th of October, 1999, the Rights Commissioner issued her recommendation as follows:
"On the basis of the evidence presented at the hearing, taking into account this conclusion set out above I recommend that the worker should receive £600 compensation in full and final settlement of his claim for unfair dismissal (including the fact that no notice was paid)."
On the 24th of November, 1999, the worker appealed the Rights Commissioner's Recommendation to the Labour Court. The Court heard the appeal on the 26th of January, 2000. The Company declined an invitation to attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The employee concerned was out of work on certified sick leave from 21st of June, 1999. He forwarded his Doctor's certificate to the employer. The worker was informed on the 29th of June, by the employer, that if he did not commence work the following day he would be dismissed. The employee was not fit to resume work, was on certified sick leave, yet he was arbitrarily and unfairly dismissed without notice.
DECISION:
The Employer did not attend the hearing.
The Court having considered this case, upholds the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
7th February, 2000.______________________
TOD/BCChairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.