FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CREGANNA TACTX MEDICAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Unfair dismissal claim.
BACKGROUND:
2. The Claimant worked in the Packaging Section of the Company and was transferred on to the night shift roster as the alternative shifts available did not suit her family circumstances. While on night shift she became ill and had to be sent home by taxi. The following week she took time off work by way of annual leave and on the advice of her Doctor returned to work on day shifts only. A month later on the 20th December 2012 she was issued with a letter stating that she was laid-off and was given her P45. The claim before the Court is one of unfair dismissal.
On the 29th November, 2013 the Worker 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 29th April, 2014.
The Worker agreed to be bound by the Court’s Recommendation.The Court was informed by letter dated 10th December, 2013 that the Employer would not be in attendance at the hearing.
WORKER'S ARGUMENTS:
3. 1.Management was aware that the Claimant was pregnant at the time of her lay-off. The Claimant has not been contacted by the Company since nor taken back.
RECOMMENDATION:
This case came before the Court under Section 20(1) of the Industrial Relations Acts 1946 - 2012.
The Employer declined an invitation to attend the Court in relation to this dispute.
The Court investigated the dispute on 29th April 2014.�
On the basis of the uncontradicted evidence of the Claimant the Court finds merit in the claim. The Court recommends that the Employer pay the Claimant compensation in the sum of €1,750 in full and final settlement of all matters in dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
18th June, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.