FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TRIM CASTLE HOTEL LIMITED (REPRESENTED BY O'ROURKE REID SOLICITORS) - AND - A WORKER (REPRESENTED BY DOYLES SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of a Rights Commissioner's Recommendation R-050400-IR-07/JT
BACKGROUND:
2. The respondent opened the Hotel, which was newly constructed, in August , 2006. The worker's case is that she had travelled from New Zealand to take up work that she had been offered in the Hotel. She also claims that she had been offered accommodation, with her boyfriend, by the Hotel. Her boyfriend had been appointed as a Senior Sous Chef in the Hotel after learning of the position through a recruitment agency RT Training Research and Consulting Limited (RT Limited). The Hotel's case is that it had given no commitment to a job or accommodation to the worker. It asked her to fill out a job application form but found that she was not suitable as a receptionist and was unable to offer her a position (the worker is qualified as a hairdresser).
The worker referred her case to a Rights Commissioner and his recommendation was as follows:
"Having considered the submissions made to me it is quite clear that there was no actual contract or discussions with the claimant prior to her arriving at the respondents premises and both the claimant and the respondent are innocent parties in this matter and the party most to answer for, RT Consultants objected to the case being heard under the Industrial Relations Act, therefore, I do not find the case well founded and, therefore, it fails.
I suggest that the claimant pursue a legal remedy against RT Consultants to recover her losses".
The worker appealed the recommendation to the Labour Court on the 22nd October, 2007, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th January, 2008.
WORKER'S ARGUMENTS:
3. 1. The worker was assured by RT Limited of a job and accommodation at the Hotel. As RT Limited was acting on behalf of the Hotel in arranging these the Hotel is culpable.
2. The worker suffered a serious financial loss as a result of travelling from New Zealand to take up the job offer.
HOTEL'S ARGUMENTS:
4. 1. The worker made no application for employment prior to her arrival. The Hotel made no offer of a job or accommodation. It does not provide accommodation for any of its employees.
2. When the worker was informed that she had not been successful in her application for the receptionist's post she accepted this. She made no issues about being offered a job or accommodation.
DECISION:
The claim before the Court concerns an appeal of a Rights Commissioner’s recommendation, which found against the Worker’s claim that she was unfairly dismissed.
The Worker submitted that she was unfairly dismissed when she arrived to take up her employment with the Hotel on Monday, 17th July 2006, as she was informed by management that it had no position for her. She maintained that through the auspices of RT Training Research & Consulting Limited, she was informed by telephone on 10th or 11th July 2006 that she would have a job on reception at Trim Castle Hotel, and that she would be interviewed on arrival as a matter of “formality”.
Management of the Hotel stated that the first they became aware of the Worker was when she arrived to take up her employment on 17th July 2006. They did interview her, however, they found that her background and experience were not suitable for any existing vacancies and she was not offered employment.
Having considered the oral and written submissions of the parties, the Court is satisfied that no contract of employment was ever entered into between the Hotel and the Worker and consequently, there could have been no dismissal.
Therefore, the Court concurs with the Rights Commissioner’s decision that her claim against Trim Castle Hotel fails and therefore upholds his decision in that regard. Consequently, the Worker’s appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th February, 2008.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.