FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RIVER ISLAND CLOTHING COMPANY LIMITED (REPRESENTED BY A & L GOODBODY SOLICITORS) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR 4613/01/TB.
BACKGROUND:
2. The issue in dispute concerns a claim by a worker that she was forced to resign from the company in April, 2001, because the Company incorporated Saturday into her work roster without her agreement. She also alleged that she was harassed by the store management. She referred this claim to a Rights Commissioner for investigation and his Recommendation issued on the 20th of September, 2001, as follows:
"Not enough evidence was submitted to sustain a case of harassment. In the matter of the change to the working week. This was a business decision and was agreed to by the other staff. While the claimant had a perfect right to resign, I do not consider that her resignation was forced on her. The complaint fails".
On the 27th of September, 2001, the worker concerned appealed the Rights Commissioner's recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 11th of April, 2002, the earliest date suitable to the parties. The claimant did not attend the hearing.
DECISION:
The worker failed to attend to present her appeal.
In these circumstances the recommendation of the Rights Commissioner is upheld.
Signed on behalf of the Labour Court
Kevin Duffy
29th April, 2002______________________
D.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Dympna Greene, Court Secretary.