FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HACKETTS BOOKMAKERS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Appeal of Rights Commissioner's Recommendation IR10149/02/LM.
BACKGROUND:
2. The worker concerned commenced employment with the Company on the 2nd of October, 2000. On the 23rd of June, 2002, there was an alleged shortfall in the takings. The worker concerned was asked by Management to pay back 50% of the alleged shortfall or consider her position. She refused to pay back the 50% stating she was not guilty of theft. She claims she was unfairly dismissed on the 26th of June, 2002.
The issue was referred to a Rights Commissioner for investigation and recommendation. Her recommendation issued on the 2nd of December, 2002, as follows:-
"The worker to be paid €9,000 which takes account of actual loss and compensation".
(The worker was named in the Rights Commissioner's Recommendation).
The Union on behalf of the worker concerned appealed the recommendation to the Labour Court on the 9th of January, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th of April, 2003, the earliest date suitable to the parties.
The Company or its representative did not make a submission to the Court and did not attend the appeal hearing.
UNION'S ARGUMENTS:
3. 1. The Company failed to carry out a thorough and fair investigation into the incident prior to the dismissal. It has failed to afford the worker concerned the right of reply, the right of representation and the right of appeal since her dismissal.
DECISION:
The Court has considered the Union's appeal of the Rights Commissioner's recommendation. The employer did not attend the Court hearing and did not furnish a written statement. Consequently the Court is not aware of the employer's position with regard to the case before it.
Having considered the circumstances of the alleged unfair dismissal claim the Court concurs with the findings of the Rights Commissioner and upholds her recommendation in full.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th May, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.