FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SUPERIOR FREIGHT SERVICES (IRELAND) LTD - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR11162/02/JH.
BACKGROUND:
2. The worker concerned was employed as a driver (along with a second employee) in June 2002. He only had a licence to drive a van, whereas the second driver had a licence to drive a van and a truck. The worker was made redundant on the 10th of July, 2002. The second employee had resigned at the end of June, 2002. The Company was due to move location but when this was delayed, management decided to hire a relief driver on the 18th of July, 2002, for a 4 - week period. This driver also held a licence to drive a van and truck. The worker concerned believed that he should have been retained by the Company and referred his case to a Rights Commissioner whose recommendation was as follows:-
"Based on the submissions made and for the reasons set out in the foregoing I find that the worker is entitled to receive compensation for the period when he was unemployed and during which there was work available for him in the Company. I recommend that he receive the sum of €1500 compensation for his unfair selection for redundancy."
(The worker was named in the above recommendation)
The Company appealed the recommendation to the Labour Court on the 4th of April, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 28th of August, 2003.
COMPANY'S ARGUMENTS:
3. 1. It was the Company's intention to move location and outsource the transport operation. This is the reason that the worker was made redundant.
2. Following the delay in the move, the Company had to hire a relief driver who had a full licence to drive a van and a truck. The truck driving was essential for the Company and the worker concerned did not have a licence to drive one.
WORKER'S ARGUMENTS:
4. 1. The van was being driven for 6 weeks after the worker was let go.He was available to work for those 6 weeks. The truck was rarely used, despite what the Company claims.
DECISION:
Having considered the submissions of the parties, the Court is satisfied that the conclusions and recommendation of the Rights Commissioner are fair and reasonable. Accordingly, the recommendation is affirmed and the Company's appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
15th September, 2003______________________
MB/CON.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.