FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ECO COMMUNITY - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioners Recommendation IR1685/00JH.
BACKGROUND:
2. The appeal concerns a worker who commenced employment on a Community Employment Scheme sponsored by Eco Community in November, 1999. She was dismissed on the 19th June, 2000. The worker claimed that she was unfairly dismissed. The dispute was referred to a Rights Commissioner for investigation. On the 6th of December, 2000, the Rights Commissioner issued her recommendation as follows:-
"In all the circumstances, I find that the worker was unfairly dismissed. I recommend that she should receive £750 in full and final settlement of her claim."
(The worker was named in the Rights Commissioner's recommendation).
On the 9th of January, 2001, the worker appealed the recommendation to the Labour Court. By letter dated 20th March, 2001, the Company declined an invitation to attend the hearing. It reiterated its statement to the Rights Commissioner that the worker's unacceptable behaviour on the day in question, witnessed by a supervisor and other Eco staff could not be tolerated, therefore, she was dismissed. The Court heard the appeal on the 29th March, 2001.
WORKER'S ARGUMENTS:
3. 1. The worker concerned, together with other employees, had completed a specific course on the day in question. Having finished work they stopped at a licensed premises. The claimant and a co- worker became involved in a brief altercation following his totally unacceptable remarks to her. On the following Monday the claimant and her co-worker were dismissed. He protested that the claimant was not at fault and that he accepted full responsibility for the incident.
2. During the period of her employment, the worker was punctual, conscientious and got on well with fellow employees. She received no warnings yet she was dismissed. The worker seeks appropriate redress.
DECISION:
The employer failed to attend the Court hearing to determine this appeal but did communicate with the Court by letter. It is noted that the employer adopted a similar approach in dealing with the investigation by the Rights Commissioner. While the employer is not legally obliged to participate in the Court investigation their lack of courtesy in failing to attend before the Court is highly regrettable.
Having heard the submission of the claimant and having considered the written submission of the employer, the Court is satisfied that the recommendation of the Rights Commissioner is reasonable and should be upheld.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Duffy
12th April, 2001______________________
TOD/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.