FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE A TEAM RESTAURANT LTD - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation No: r-081145-Ir-09/MH
BACKGROUND:
2. This case concerns an appeal by the employer of Rights Commissioner Recommendation No: r-081145-Ir-09/MH. The issue concerns a worker was claimed to have been wrongfully dismissed. The matter was referred to a Rights Commissioer for investigation. His finding and Recommendation issued on 24th March 2010 and, on the uncontested evidence of the worker, found in his favour awarding him €7500 in compensation.
On the 4th May 2010, the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 22nd June, 2011.
The employer was notified of the date and time of the hearing but did not attend, nor was any correspondence submitted to the Court in relation to the dispute.
The following is the Court's Decision:
DECISION:
The matter before the Court is an appeal by the employer against a Rights Commissioner’s Recommendation, which found in favour of the worker’s claim that he was wrongfully dismissed and awarded him the sum of €7,500.
The employer failed to attend at the hearing to move the appeal, consequently, the appeal fails for lack of prosecution.
Therefore, the Court upholds the Rights Commissioner’s Recommendation and the employer must now pay the worker the €7,500 recommended.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th July 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.