FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : QUICK STREAM COURIERS LIMITED - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioners Recommendation IR/16292/03/TB.
BACKGROUND:
2. The appeal concerns a worker who commenced employment in August, 2002. He was dismissed on the 14th July, 2003. The worker claimed that he was unfairly treated and referred the issue to a Rights Commissioner for investigation and recommendation. On the 19th March, 2004 the Rights Commissioner issued his recommendation a follows:
"In the absence of the respondent I accept the case put forward by the claimant and have concluded that he was treated unfairly.
I recommend that he be paid €1,000 in compensation to include one week's pay in lieu of notice".
On the 29th April, 2004 the worker appealed the recommendation to the Labour Court. The Court heard the appeal on the 16th March, 2005. The Company declined an invitation to attend the hearing. By letter dated 27th January, 2005 the Company indicated that the worker was employed by Allbritton Holdings which ceased trading in June, 2004.
WORKER'S ARGUMENTS:
1. The worker was dismissed without notice because of what Management claimed was a downturn in business yet other workers, who commenced employment later than him were retained.
2. The worker was unemployed for approximately eleven months following his dismissal and is entitled to be compensated for loss of earnings. He is seeking an increase in the amount of the award made by the Rights Commissioner.
DECISION:
Having considered the evidence put forward by the claimant (the respondent did not appear), the Court allows the appeal and increases the amount of compensation for his dismissal, without the use of proper procedures and non-payment of notice, to €2,000.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
22nd March, 2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.