FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WILLINGTON MOTOR CO LTD TRADING AS SYL MOTORS - AND - ADAM GORZACH (REPRESENTED BY ALEKSANDER ROZEK) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner R-083363-Ir-09/GC
BACKGROUND:
2. The worker was employed as a mechanic from 15th January, 2009, to 22nd May, 2009. His case is that his employment was terminated with two just days' notice on 20th May, 2009. He referred his case to a Rights Commissioner whose recommendation was as follows:
"Based on the evidence and findings above, I find that the claimant was unfairly dismissed from his employment. I find that compensation is the appropriate form of address and in all circumstances of the case the claimant should be paid the sum of €1,200.00 compensation."
The employer appealed the recommendation to the Labour Court on the 13th April, 2010, in accordance with Section 13(9) of the Industrial Relation Act, 1990. A Labour Court hearing took place on the 29th July, 2010. The employer did not attend the hearing or forward a submission. The following is the Court's recommendation:
DECISION:
The appeal is struck out for want of prosecution and the Rights Commissioner's recommendation is affirmed.
Signed on behalf of the Labour Court
Brendan Hayes
9th August, 2010______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.