FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PETROGAS GROUP LIMITED T/A APPLEGREEN LEMYBRIEN - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer's Recommendation NoADJ-00008248.
BACKGROUND:
2. The issue involves a claim by the Worker in relation to her alleged unfair dismissal during her probationary period with the Employer. The matter was referred to an Adjudication Officer for investigation and recommendation. On the 14th December 2017, the Adjudication Officer issued his Recommendation as follows:
"Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Complainant be paid the sum of €1,500 within 42 days of the date of this recommendation in full and final settlement of the dispute".
On the 23rd January, 2018 the Worker appealed the Adjudication Officer'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 16th May, 2018. The Employer was not present and was not represented at the hearing. The following is the Decision of the Court:
DECISION:
This is an appeal by an employee against the Decision of an Adjudication Officer ADJ-00008248 under the Industrial Relations Act 1969. The Claimant was employed as a Sales Assistant with the Respondent from 3rdDecember to 16thDecember 2016, when she was dismissed during her probationary period. The Claimant claimed that she was unfairly dismissed. She also claimed that she had not been paid for 39 hours worked. The Adjudication Officer recommended in her favour and awarded her the sum of €1,500 in compensation.
The employer failed to attend the hearing of the appeal before the Court.
Based on the uncontested submission made by the Claimant, the Court concurs with the findings of the Adjudication Officer and accordingly finds in favour of the Claimant’s claim that she was unfairly dismissed. Furthermore, in the absence of evidence to the contrary and having reviewed the payslips and bank details provided by the Claimant, the Court finds in favour of her claim that she was not paid for 39 hours worked.
The Court decides that the employer should pay the Claimant the sum of €356.85 in respect of unpaid wages and €1,500 as compensation for her unfair dismissal. This payment should be made within four weeks of the date of this Decision. Therefore, the Court upholds the Claimant’s appeal. The Adjudication Officer’s recommendation is varied accordingly.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th June 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.