FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : COLLINS' COACHES LIMITED - AND - JOSEPH FURLONG (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Disciplinary Sanction of Dismissal.
BACKGROUND:
2. The Claimant has worked as a bus driver with the Company since March 2008. In 2010 he retired from his permanent post and was retained on a part-time basis. On 2nd April 2012 he was advised by text of a disciplinary hearing
On the 8th August, 2012 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th August,2013. The Company informed the Court by letter dated 30th July, 2013 that it would not be attending the Court hearing.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The manner in which the issue was handled by the Company was outside of their own disciplinary procedures.
2. The medical condition of the Worker was not taken into account and therefore he was denied his right to natural justice and fair procedures.
RECOMMENDATION:
The Employer did not attend the hearing before the Court. Having heard the uncontested evidence of the Claimant, in all the circumstances of this case the Court recommends that the Employer should pay the sum of €500.00 in full and final settlement of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th September, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.