FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PC MORE ENTERPRISES LTD T/A JOHN J WHITMORE JEWELLERS (REPRESENTED BY MICHAEL MCNAMEE B.L. INSTRUCTED BY DAS GROUP) - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Recommendation of a Rights Commissioner r-096028-ir-10/MMG.
BACKGROUND:
2. The Worker was employed as a Shop Assistant from 31st May 2010 until 29th July 2010. The case concerns a claim for compensation by the Worker for the unfair treatment he was subjected to both during his period of employment and at the time of his termination. The Employer vigorously denies any unfair treatment or wrongdoing.
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 5th May, 2011, the Rights Commissioner issued his Recommendation as follows:-
"All in I think that this could be deemed unfair in the circumstances and it is my recommendation that the claimant be awarded a sum of €1,000 to be paid by the respondent in compensation for the cessation of employment".
On the 15th June, 2011 the Employer appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. Labour Court hearings took place on the 18th April and 18th June, 2012.
Following the adjournment of the first hearing due to the absence of the Worker a letter was received by the Court on 27th April, 2012 from Paul A Ferris & Co., Solicitors, indicating that as they had no instructions from the Worker, who was currently outside of the State and that they would therefore not be attending the hearing.
DECISION:
This case comes before the Court pursuant to Section 13(9) of the Industrial Relations Act 1969. As no evidence was presented in support of the Worker's claim the Court allowed the Employer's appeal.
The Rights Commissioner's Recommendation is set aside.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
19th June 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.