FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LUIGI CAMILLERI T/A LUIGI'S BAKERY - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Recommendation R-134654-IR-13/MMG.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal of Rights Commissioner's Recommendation R-134654-IR-13/MMG. It is the Worker's claim that he was unfairly dismissed during a period when he was absent from work on illness grounds.The Employer rejects the Worker's claim arguing that he received no communication from the Worker in relation to his illness or his intention to return to work at any time. The Employer contends that he was left with no alternative other than to assume that the Worker had taken the decision to vacate his role. The Employer subsequently issued the Worker with his P45 on this basis.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 30th October, 2013 the Rights Commissioner issued his Recommendation as follows:
"It is my recommendation therefore that this matter is not a valid complaint in so far as the claimant is not in a position to attend and fulfil his role of work".
On the 6th December, 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 9th April, 2014.The following is the Decision of the Court:
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the Complainant was unfairly dismissed from his employment without the benefit of proper procedures.
The Court notes that the Complainant was, at the time he was dismissed, paid €320 per week. On that basis the Court finds that compensation in the sum of €2,500 would be fair and reasonable recompense for the wrong the Complainant suffered. The Court decides accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
7th October 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.