FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CRAFT CLEANERS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR983/00/JH.
BACKGROUND:
2. The worker concerned was employed by the Company from the 8th of June, 1999. She claims she was unfairly dismissed on the 3rd of April, 2000. She received one week's pay in lieu of notice. The Company states she was dismissed because her work was not satisfactory. The issue was referred to a Rights Commissioner for investigation. Her recommendation issued on the 2nd of August, 2000, as follows:
"On the basis of the evidence presented at the hearing I find that the dismissal of the worker by Craft Cleaners was unfair. I recommend that she receive £600 nett in full and final settlement of her claim for unfair dismissal."
(The worker was named in the Rights Commissioner's Recommendation).
The worker appealed the Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 1st of November, 2000.
WORKER'S ARGUMENTS:
3. 1. A few weeks prior to the dismissal the employer told the worker concerned he was happy with her work.
2. The worker states she received no verbal or written warnings regarding her work. She claims she was unfairly dismissed by her employer.
COMPANY'S ARGUMENTS:
4. 1. Complaints were received from other staff regarding the worker's underperformance. She was warned by the employer on several occasions.
2. The worker was dismissed because the employer was unhappy with her work.
DECISION:
The Court notes that in this case the claimant has appealed the Recommendation of the Rights Commissioner because the employer did not implement its terms. The employer did not appeal the Recommendation. Accordingly, the Recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
6th November, 2000______________________
GB/SHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.