FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BRIDDOCK O'SULLIVAN LTD - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioners Recommendation R-032712-IR-05/JC.
BACKGROUND:
2. The case before the Court concerns an appeal by the employee of Rights Commissioner's Recommendation R-032712-Ir-05/JC.
The dispute concerns alleged constructive dismissal. The Company involved in the dispute sells the service of outsourcing credit management. The worker in question was employed as a sales consultant and claimed that he was unable to meet his monthly sales targets as a result of the Company removing sales support from the telemarketing department.
The Company rejected the claim on the basis that the sales figures had been disappointingly below the acceptable level before the support of the telemarketing department was removed.
The matter was referred to a Rights Commissioner who found that the decision of the employer to remove sales support from the worker led to a situation where there was no earnings potential. The Rights Commissioner awarded €1000 compensation.
The worker was named in the Right's Commissioners Recommendation.
On the 29th of August 2005 the worker appealed the Rights Commissioner's Recommendation on the basis that the amount of compensation was insufficient.
A Labour Court hearing took place on the 2nd of November, 2005.
COMPANY'S ARGUMENTS:
3. 1. The Company does not agree that the former employee is due any compensation. The level of sales was below the acceptable level for a number of months and the Company could not sustain the cost of providing telemarketing support to underperforming consultants.
WORKER'S ARGUMENTS:
4. 1. The removal of the support of the telemarketing department resulted in a situation which made it impossible to reach the required level of sales This in turn led to a situation where there was no earnings potential for subsequent months.
2. The compensation awarded by the Rights Commissioner is insufficient, as due to the removal of the support of the telemarketing department, the worker was unable to reach the required level of sales. The claim for €6000 (three months salary) is fair and reasonable in the circumstances.
DECISION:
Having considered the oral and written evidence of the parties, the Court is of the view that the Recommendation of the Rights Commissioner is correct.
The Court accordingly dismisses the appeal.
Signed on behalf of the Labour Court
Raymond McGee
1st December, 2005______________________
AH/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.