FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MS DENISE DUGGAN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-131211-ir-13/GC.
BACKGROUND:
2. This dispute concerns the Worker's claim that she was unfairly dismissed. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 5th July, 2013 the Rights Commissioner issued the following Recommendation:-
- "I find that the [Worker] was unfairly dismissed and that the [Employer] should pay to her compensation in the amount of €2,000."
On the 14th August, 2013 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 6th November, 2013. The Employer declined to attend this hearing.
3. 1. The Worker left permanent employment to take up this position with the Employer.
2.The Worker was unfairly dismissed without being afforded fair procedures.
3.The Worker should, accordingly, be awarded increased compensation.
DECISION:
The Claimant appealed against the recommendation of the Rights Commissioner on the question of quantum only. The employer did not contest the appeal.
It is noted that in a submission filed with the Court the employer made serious allegations against the Claimant. The employer chose not to attend the hearing although she instructed a solicitor to attend on her behalf solely for the purpose of informing the Court that she would not be attending.
The Claimant refutes the allegations made against her. On her uncontested submission the Court fully accepts that these allegations are groundless. The fact that these allegations were made by the employer without any attempt to substantiate them is a serious aggravating factor in the case.
In all the circumstances the Court believes that the compensation awarded by the Rights Commissioner should be increased to €5,000.
The appeal is allowed and the Rights Commissioner recommendation is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
13th November, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.