FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HAIR FLAIR - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioners Recommendation IR 4369/01/GF.
BACKGROUND:
2. The worker was employed by the Company as a trainee hairdresser in August 2000 and remained there for a period of 8 months at which time she alleges she was unfairly dismissed. The matter was referred to the Rights Commissioners for investigation and recommendation. The Rights Commissioner's recommendation is as follows:-
"I can appreciate how difficult it must be to engage in formal disciplinary procedures in such a small establishment. However, having said that I must point out that employers must ensure that fair procedures and natural justice prevail in a dismissal situation. It did not happen in this case, therefore, I decide the dismissal was unfairand I recommend the claimant be paid the sum of £600(€761.84)in compensation."
On the 27th of July, 2001, the worker appealed the Rights Commissioner's recommendation to the Labour Court under Section 13 (9) of the Industrial Relations Act, 1969. The Court investigated the complaint on the 9th of May, 2002, in Tullamore, Co Offaly.
WORKER'S ARGUMENTS:
3. 1. The worker was advised that she was being dismissed because of shortage of work due to the foot and mouth disease. Another person was employed the same day.
2. The worker took annual leave when she was out sick, supplied medical certification when required and gave adequate notice of hospital appointments to the Employer.
COMPANY'S ARGUMENTS:
4. 1. The Company's tax affairs are in order and PRSI is paid at the end of the year.
2. The Company were not aware of their obligation to supply the worker with a written contract of employment.
DECISION:
Having considered all aspects of this appeal, the Court concurs with the conclusions of the Rights Commissioner.
Therefore, the appeal is allowed and the Court upholds the recommendation of the Rights Commissioners.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd May, 2002______________________
HMCD/MBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.