FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SILVERCHEFS LTD T/A CAPELS BISTRO - AND - A WORKER (REPRESENTED BY CWU) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR2263/00/JH.
BACKGROUND:
2. The worker was employed by the Company from 13th March, 2000 until the 9th of June, 2000. The worker alleged unfair dismissal. The matter was referred to the Right's Commissioner for investigation and recommendation. The Rights Commissioners recommendation is as follows:-
"Based on the evidence presented, noting the conflict between the parties, I find that the employer breached normal and accepted procedure in the dismissal of the worker and, therefore, the dismissal was unfair.
I recommend that the worker should receive £500 (634.87 Euro) compensation in full and final settlement of her claim for the loss of her job. The matter of taxation is a separate matter for the Revenue Commissioners and not the Right's Commissioner Service."
(The worker was named in the Rights Commissioners recommendation).
On the 3rd of April, 2001, the Company appealed the decision of the Right's Commissioner to the Labour Court under Section 13(9) of the industrial Relations Act, 1969. The Company failed to attend the hearing on the 9th of October, 2001.
DECISION:
The employer did not attend the hearing of the Court held to determine their appeal. The worker was in attendance.
In these circumstances, the Court decided that the appeal be struck out and that the Recommendation of the Right's Commissioner stands.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th October 2001______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.