FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JG INVESTMENTS LIMITED - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation R-144639-IR-14/SR.
BACKGROUND:
2. The case before the Court concerns the Employer's appeal of Rights Commissioner's RecommendationR-144639-IR-14/SR. The dispute relates specifically to alleged claims of bullying and harassment which ultimately led to the termination of the Claimant's employment. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 18th December, 2014 the Rights Commissioner issued his Recommendation as follows:
"Based on discussions with both parties at the hearing I understand that the following recommendation is acceptable to both parties. I recommend that the Employer pay the Claimant the nett sum of €2000.00c, within six weeks of the date of this recommendation as a compromise settlement of all matters in dispute between the parties at the hearing. The payment of this sum will be a full and final settlement of all matters relating to the Claimant's employment and the termination of same".
On the 15th January, 2015, the Employer appealed the Rights Commissioners 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 24th March, 2015.
DECISION:
This is an appeal by the Employer against a Rights Commissioner’s Recommendation which found in favour of the Claimant’s claims and awarded her €2,000 compensation in full and final settlement of all matters relating to her employment and the termination of her employment. This was accepted by the Claimant. The employer appealed the Recommendation.
At the hearing of the appeal the Employer’s representative indicated that it accepted the Recommendation of the Rights Commissioner and would honour it. Therefore, the Court upholds the Recommendation of the Rights Commissioner and the compensation payment should be paid within six weeks of this Decision.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th March 2015______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.