FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUALWAY GROUP - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal Of Adjudication Officer Decision No. ADJ-00005125 CA-00007174-001.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 6 March 2017 the Adjudication Officer issued the following Recommendation:-
- I am satisfied that the respondent offered the complainant an alternative bus route for the winter months but, for his own personal reasons, he declined the offer. I am also satisfied that the respondent did everything they could to facilitate the complainant and his many requests as they did not want to lose him.
In circumstances where the complainant was refusing to do the work he was asked to do I find that his claim for Unfair Dismissal pursuant to the Industrial Relations Act fails.
The Employee appealed the Adjudication Officer’s Recommendation to the Labour Court on the 22 March 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 4 May 2017.
DECISION:
Having given careful consideration to the submissions of both parties to this dispute the court finds that the evidence before it requires it to find that the Claimant was unfairly dismissed from his employment in September 2015.
Accordingly the Court recommends that the Respondent pay the Claimant compensation in the sum of €1500 in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
11 May 2017Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.