FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JUNO'S COFFEE SHOP LIMITED T/A EAST VILLAGE COFFEE - AND - A WORKER DIVISION : Chairman: Mr Haugh Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Recommendation No. ADJ-00010628 CA-00014060-001.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 4 April 2018 the Adjudication Officer issued the following Recommendation:-
- I find that the respondent failed to adopt even the most basic of procedures and in doing so breached the principles of natural justice and fairness. I find that the complainant’s case succeeds. I recommend that the complainant [sic} should pay the complainant the sum of €2,000.00 compensation.
A Labour Court hearing took place on 5 July 2018.
RECOMMENDATION:
This matter came before the Court by way of an appeal brought on behalf of Juno’s Coffee Shop Limited (‘the Respondent’) against a Recommendation of an Adjudication Officer (ADJ-000010628/CA-00014060-001, dated 4 April 2018) under Section 13 of the Industrial Relations Act 1969.
The Adjudication Officer recommended that Mr Bartosz Kozlowski (‘the Complainant’) receive compensation of €2,000.00 for the Respondent’s alleged failure to follow fair procedures in affecting the Complainant’s dismissal.
The Respondent’s Notice of Appeal was received by the Court on 15 May 2018. The Court heard the appeal on 5 July 2018 in Dublin. The Respondent was represented by Mr Jonathan Barr. The Complainant, although notified of the Respondent’s appeal, did not provide the Court with an advance written submission nor did he attend at the hearing of the appeal.
Decision
As the Complainant did not attend at the scheduled hearing of the within appeal – having been notified in the usual way by the Court of the time and date thereof – the Respondent’s appeal was uncontested and accordingly succeeds.
The Recommendation of the Adjudication Officer is, therefore, set aside.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
LS______________________
13 July 2018Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.