FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TOTAL COMMUNICATIONS T/A MOLCAR GRANGE LIMITED (REPRESENTED BY SMITHWICK SOLICITORS) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR3790/01/GF.
BACKGROUND:
2. The worker concerned was employed by the Company as a Sales Assistant from the 26th of October, 2000. She claims she was unfairly dismissed on the 6th of January, 2001.
The issue was referred to a Rights Commissioner for investigation. His recommendation issued on the 15th of May, 2001, as follows:-
"I am satisfied on the basis of the evidence before me that her dismissal was unfair. Therefore, I am recommending that she be paid the sum of £1,000.00 compensation in full and final settlement of this claim."
The worker appealed the Recommendation to the Labour Court on the 11th of June, 2001 in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 26th of June, 2001.
The Company did not make a submission to the Court and did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. After one month, the worker concerned received a salary increase as she was told she was doing a good job.
2. The worker concerned was unfairly dismissed on the 6th of January, 2001. She was told the shop was closing down. On the 8th of January, 2001, a new girl commenced work in the shop and within one month a new shop manager was taken on. The shop did not close down until the end of April, 2001.
3. The worker concerned was out of work for four and a half months when she should have been employed in the shop until the end of April, 2001.
4. The worker was told she was not entitled to holiday pay.
DECISION:
The claimant told the Court that in addition to her claim for unfair dismissal the worker was also claiming for unpaid holidays and for a half day on which she worked but was not paid (details of which were provided to the Court).
Despite having been notified of the time and venue of the hearing, the employer failed to attend or to communicate with the Court in relation to this claim.
The Court determines that the amount recommended by the Rights Commissioner in respect of unfair dismissal (£1,000, 1269.74 Euros) is upheld. In addition to this amount the Court determines that the employer pay the claimant further compensation of £200 (253.95 Euros) in full settlement of all other claims against the employer.
Signed on behalf of the Labour Court
Kevin Duffy
2nd July, 2001______________________
GB/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.