FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MCR GROUP - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation No: r-084604-ir-09/GC
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioner Recommendation No: r-084604-ir-09/GC. The issue concerns a claim by the worker that he was constructively dismissed by his employer. The Union (on behalf of the worker) contends that he was not provided with any shifts and that this went on for a number of months. The Union further contends that the Company failed to address the matter and would not meet the Union to resolve the outstanding issues.
The dispute was referred to a Rights Commissioner for investigation. Her findings and Recommendation issued on the 4th May, 2010 and on the uncontested evidence of the worker, found in his favour awarding €4000 in compensation.
On the 3rd June 2010, the worker 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 earliest date suitable to the parties.
The employer was notified of the date and time of the hearing but did not attend nor was any correspondence received by the Court in relation to the dispute.
The following is the Court's Decision:
DECISION:
The matter before the Court is an appeal by a worker against a Rights Commissioner’s Recommendation, which found that he had been constructively dismissed from his employment and awarded him €4,000.
The employer failed to attend at the hearing.
Having considered the Appellant's appeal of the Rights Commissioner's Recommendation, the Court concurs with the findings and recommendation of the Right’s Commissioner and upholds his recommendation. Therefore the employer should pay the worker the sum of €4,000 in full and final settlement of his claim.
Accordingly, 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.