FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LONGFORD COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Recommendation of a Rights Commissioner r-075640-ir-09/EH.
BACKGROUND:
2. The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 16th September 2009, the Rights Commissioner issued his Recommendation as follows:-
'Under the circumstances I find that the Council acted reasonably in this matter. I find that the three claimants failed the breathing apparatus test and their employments were terminated in accordance with their contracts of employment.'
On the 23rd October, 2009 the Worker appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 9th June, 2011.
DECISION:
The Claimant appealed the Recommendation of the Rights Commissioner. Having been informed of the time, date and venue of the hearing the Claimant failed to attend so as to prosecute his appeal.
Accordingly the appeal is dismissed for want of prosecution and the Recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
28th June, 2011______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.