FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : E.J. CONDREN FRUIT WHOLESALER - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR4641/01/GF.
BACKGROUND:
2. The worker concerned was employed by the Company as a van driver from the 29th of January, 2001. He claims he was unfairly dismissed on the 15th of April, 2001. He received one week's notice.
The issue was referred to a Rights Commissioner for investigation. His recommendation issued on the 30th of July, 2001 as follows:-
" I am satisfied the dismissal procedures were flawed in this case. Therefore, I am recommending that the claimant be paid the sum of £500 by his employer in full and final settlement of this claim."
The worker appealed the recommendation to the Labour Court on the 31st of August , 2001 in accordance with Section 13 (9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 8th of January, 2002, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1. The worker concerned was happy in his job and liked the work he was doing.
2. The worker was unfairly dismissed without prior warning.
EMPLOYER'S ARGUMENTS:
4. 1. The worker concerned was spoken to each time he arrived late for work.
2. The worker was dismissed because of his bad time keeping.
DECISION:
Having considered the written and oral submissions of the parties, the Court considers that the conclusion and recommendation of the Right's Commissioner was a correct one in the circumstances of this case and accordingly upholds the recommendation. Therefore, the employer should pay to the appellant the recommended sum of euro 634.87 in full and final settlement of this claim.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th January, 2002______________________
G.B./B.R.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.