FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SAICA PACKAGING IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-112257-ir-11/JW.
BACKGROUND:
2. This dispute arose from the Worker's dissatisfaction with his redeployment from Maintenance Manager to Corrugator Engineering Manager. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 12th December, 2011 the Rights Commissioner issued the following Recommendation:-
- “I recommend that [the Worker] return to his original position of Maintenance Manager without any loss of pay or status. I also recommend that the Claimant be paid €8,000 in compensation for failure on the part of [the Company] to honour the agreement made with [the Worker] when he agreed to accept the new role for a probationary period of six months.”
On the 26th January, 2012 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 5thApril, 2012, at which the Company was not in attendance or represented.
3. 1. The Worker has given 30 years' loyal service to the Company.
2. The Worker entered into an agreement with the Company concerning his redeployment to another position.
3.The Company is refusing to honour this agreement.
DECISION:
This case came on for hearing on Thursday 5th April 2012. The Respondent Company was not in attendance nor represented at the hearing. Based on the undisputed submissions of the appellant the Court upholds the Recommendation of the Rights Commissioner.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
30th April, 2012______________________
COFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Colm O'Flaherty, Court Secretary.