FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KNOCK GARDEN CENTRE (REPRESENTED BY P. O'CONNOR & SONS) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Pierce Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Recommendation IR19900/04/GF.
BACKGROUND:
2. The Company operates both a garden centre and a landscaping business. The landscaping business employs a small number of unskilled labourers. The worker concerned, who is a qualified horticulturist, was employed as a Sales Person, Nursery Manager on the 1st September, 2003. In accordance with the terms of his contract the worker received one months notice of dismissal in May, 2004 as it was proving economically unviable for the Company to continue employing him. The worker claimed he was wrongfully dismissed.
The issue was referred to a Rights Commissioner for investigation and recommendation. In his recommendation, which issued on the 12th January, 2005, the Rights Commissioner found that the worker was made redundant and that the selection was not unfair.
The Union appealed the recommendation to the Labour Court on the 26th January, 2005, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st September, 2005.
UNION'S ARGUMENTS:
3. 1. The Union contend that there was still work available in the Garden Centre and that the worker should not have been dismissed.
COMPANY'S ARGUMENTS:
4. 1. It was economically unviable to continue employing the worker as the Garden Centre business was not financially successful.
2. The Company carried out its obligations to the worker in a fair and reasonable way and in accordance with all relevant legislation and the contract of employment.
DECISION:
Having considered the submissions of the parties, the Court is of the view that the Recommendation of the Rights Commissioner was correct and upholds it.
Signed on behalf of the Labour Court
Raymond McGee
16th September, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.