FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PRIORY IMPORTS - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Compensation.
BACKGROUND:
2. The worker concerned was employed by the Company from January 2000 until his dismissal in June 2004. In July 2004 the worker took a claim to the Rights Commissioner for unfair dismissal for taking a holiday and bullying. An agreement was reached during an adjournment of the hearing and a payment in full and final settlement of all outstanding matters was agreed and paid to the worker.
In March, 2005 the worker referred a claim of bullying to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act,1969. A Labour Court hearing took place on the 17th June, 2005. At the outset of the hearing a preliminary issue relating to the worker's right to bring the case to the Court was dealt with by the Court.
WORKER'S ARGUMENTS:
3. 1.The worker brought the case of bullying to the Court as he believed that the hearing before the Rights Commissioner only dealt with the issue of unfair dismissal.
COMPANY'S ARGUMENTS:
4. 1. The Employer made a settlement with the worker in full and final settlement of all outstanding matters as set out in the claim to the Rights Commissioner
RECOMMENDATION:
The Court considered the preliminary argument raised in the employer's submission that a settlement had been reached in full and final settlement of all claims against the employer and a compensation payment was made.
Having investigated the issue, the Court, is satisfied that an agreement was reached between the parties on 27th September 2004 concerning the claim before the Rights Commissioner in respect of unfair dismissal for taking a holiday and bullying. The worker's representative sent a note to the Rights Commissioner's office stating that the matter before him was settled on a mutual basis between the parties.
Therefore, the Court is of the view that the claimant is estopped from bringing this case. Consequently, the Court cannot proceed to hear the substantive claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th July, 2005______________________
MG/DH.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.