AD1140

FULL RECOMMENDATION

CD/10/31

APPEAL DECISIONNO.AD1140

(r-074898-ir-09/GC)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

INTERCALL MANAGEMENT

- AND -

CATHERINE MAHER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman: Ms Jenkinson
Employer Member: Ms Cryan
Worker Member: Mr Shanahan

SUBJECT:
1. Appeal against Rights Commissioner's Recommendation r-074898-ir-09/GC.

BACKGROUND:

2. This dispute concerns the Worker's claim that she was unfairly dismissed. The matter was referred to a Rights Commissioner for investigation and recommendation. The Rights Commissioner held a hearing on 23rd October, 2009 and the Employer did not attend or send a representative. On the 3rd December, 2009 the Rights Commissioner issued the following Recommendation:-

- “I find that [the Worker] was unfairly dismissed from her job and that she be compensated for that unfair dismissal in the amount of €2,000”.
On the 13th January, 2010 the Worker appealed the Rights Commissioner's 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 11th May, 2011and the Employer did not attend or send a representative.

UNION'S ARGUMENTS:

3. 1.At no stage prior to her dismissal was the Worker told that her performance was unsatisfactory.

2. The Worker was informed that she was being dismissed because she failed to generate sufficient revenue.

3.The Employer refused the Worker the right of representation and the right of appeal.

DECISION:

This is an appeal by the Union on behalf of the worker of a Rights Commissioner’s Recommendation in a claim concerning unfair dismissal. The Rights Commissioner found in her favour and awarded the sum of €2,000 as compensation for the dismissal. The only aspect of the Rights Commissioner’s Recommendation on appeal was the quantum of the award made.

The Company failed toattend before the Rights Commissioner or the Labour Court for reasons, which were explained to the Court.

Having considered the submission made by the Union, the Court concurs with the findings of the Rights Commissioner and cannot find grounds to increase the amount of compensation awarded. Therefore, the Court upholds the Rights Commissioner’s Recommendation.

The Court so decides.

Signed on behalf of the Labour Court

Caroline Jenkinson
30th May, 2011______________________
JMcCDeputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.