FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CHRISTOPHER & MARGARET DOWLER T/A DOWLER'S STEAKHOUSE & WINE BAR (REPRESENTED BY J.T. MOONEY & CO. SOLICITORS) - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-127471-ir-13.
BACKGROUND:
2. This dispute concerns the Worker's claim that he was unfairly dismissed. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 16th July, 2013 the Rights Commissioner issued the following Recommendation:-
- "I order the Employer to pay [the Worker] compensation of €5,000 within six weeks of the date of this Recommendation."
On the 7th August, 2013 the Employer 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 29th August, 2013.WORKER'S ARGUMENTS:
3. 1. The Worker was never provided with a written statement of his terms and conditions of employment.
2.The Worker was never provided with a copy of the Employer's grievance and disciplinary procedures.
3.The Worker was dismissed without notice, explanation or appeal.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker behaved in a bullying and aggressive manner towards the staff.
2.The Worker was rude towards customers.
3.The Worker ceased coming to work without any explanation.
DECISION:
The Court has carefully considered the submissions of both parties to this dispute. The Court finds on the information before it that the Respondent dismissed the Claimant without affording him access to procedures that meet the standards set out in Statutory Instrument No 146/2000. Accordingly the Court finds that the dismissal was unfair, upholds the recommendation of the Rights Commissioner and decides accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
29th October, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.