FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MR DECLAN BURKE T/A APACHE PIZZA - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation No: r-122885-ir-12/GC
BACKGROUND:
2. This case concerns an appeal of Rights Commissioner Recommendation No: r-122885-ir-12/GC. The issue concerns a dispute between the worker and employer in relation to an alleged disagreement. The worker contends that after a disagreement with her employer, she was dismissed. The employer contends that she left the premises and did not return for her next shift therefore terminating her own employment.
The matter was referred to a Rights Commissioner for investigation. Her decision issued on the 19th October 2012 and awarded the worker €2000 in compensation on the basis that the worker was not afforded the opportunity to adequately deal with the issues that arose as she had been told to leave the premises by the employer.
On the 28th November 2012, the employer 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 7th March, 2013.
WORKER'S ARGUMENTS:
3 1 The worker was instructed to leave the premises after a disagreement with the employer. She subsequently returned to speak to the employer but her efforts were unsuccessful and she was asked to leave the premises. The worker did not terminate her own employment, she was dismissed after the disagreement and again when she tried to resolve matter later on.
EMPLOYER'S ARGUMENTS:
4 1 The worker was not dismissed. There had been other incidences of disagreement between the employer and the worker but the employment relationship continued. When the worker did attend the employer said that he was too busy to discuss the matter but did not infer that the workers employment had been terminated. She did not return again after that until she requested her outstanding entitlements and P45 at a later date.
DECISION:
On the evidence presented the Court is satisfied that the circumstances in which the claimant left her employment had all the appearances of a dismissal. If it was otherwise the employer had a responsibility to clarify the position.
In these circumstances the Court believes that the Claimant was entitled to have considered herself dismissed.
Accordingly the recommendation of the Rights Commissioner, including the award of compensation in the amount of €2,000 is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
3rd April 2013______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.