FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MCLEAN VENTILATION LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR11804/02/LM.
BACKGROUND:
2. The worker concerned commenced employment with the Company in April, 2002. He claims he was unfairly dismissed in August, 2002.
The issue was referred to a Rights Commissioner for investigation and recommendation. Her recommendation issued on the 25th of March, 2003, as follows:-
"The claimant to be paid €6,000 in settlement of this claim".
The Company appealed the recommendation to the Labour Court on the 29th of April,
2003, in accordance with Section 13(9) of Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th of December, 2003, the earliest date suitable to the parties.
The Company did not attend the hearing.
DECISION:
The employer appealed the Rights Commissioner's recommendation. The employer did not attend the Labour Court hearing of the appeal. The Court is satisfied that the date of the hearing was agreed by the employer and notification of the agreed date was forwarded to the employer. The employer was notified that an adjournment of the hearing would not be granted and that the hearing would take place as previously advised.
As the employer was not in Court to move his appeal, therefore, the Court decides that the Rights Commissioner's recommendation is upheld.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th January, 2004______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.