FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ELLICKSON ENGINEERING LIMITED - AND - A WORKER (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Recommendation of a Rights Commissioner r-082790-ir-09/JT
BACKGROUND:
2. The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 6th July 2010, the Rights Commissioner issued his Recommendation as follows:-
"As the respondents were not present at the hearing I have only one set of evidence before me. Therefore I accept the claimant's statement that he is entitled to 6 months pay uncertified sick leave. Therefore I award the claimant a further 5 months pay as an entitlement under his sick leave arrangements. As regard the allegations of bullying and harassment....the matter should be dealt with by an independent arbitrator to investigate these complaints...."
On the 17th August, 2010 the Employer appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. On the 18th March, 2011 the Court was informed by IBEC that a Receiver was appointed to the Company, and that as such the Company nor any Representative of the Company would be in a position to attend the Court hearing.
A Labour Court hearing took place on the 23rd March, 2011.
DECISION:
This is an appeal by the Employer of a Rights Commissioner’s Recommendation. The matters before the Rights Commissioner concerned the Claimant’s claims of bullying and harassment and outstanding sick pay. The Rights Commissioner found in favour of the Claimant’s claim for 5 months’ outstanding sick pay and held that as the allegation of bullying and harassment if true were of such a serious nature that an independent arbitrator should be appointed to investigate the complaints.
The Court was informed by IBEC on behalf of the Company that as a Receiver had been appointed to the Company, it was therefore not in a position to attend the hearing of its appeal.
The Court notes that just prior to the appointment of the Receiver, the parties were in the process of concluding a settlement deal to resolve matters.
In circumstances where the Company or its representatives fail to attend before the Court to move its appeal, the Court determines that the Company’s appeal is dismissed for lack of prosecution.
Accordingly, the Court upholds the Rights Commissioner's Recommendation and so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th April, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.