AD0260

FULL RECOMMENDATION CD/02/253 APPEAL DECISIONNO.AD0260 (IR6335/01/FL) INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CAROLINE FALLON (REPRESENTED BY O'DONOVAN & COWEN SOLICITORS) - AND - A WORKER (REPRESENTED BY MS COLETTE BRACKEN) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill

SUBJECT:
1. Appeal against Rights Commissioner's Recommendation IR6335/01/Fl concerning alleged unfair dismissal.


BACKGROUND:

2. The worker was employed in the Early & Late Shop, River Street, Clara, Co. Offaly from 10th February, 2001. The worker claims that she was dismissed on the 1st October, 2001. The employer denies the dismissal and claims that the worker terminated her contract of employment without notice.

• The worker referred the matter to a Rights Commissioner for investigation and recommendation. The Rights Commissioner's recommendation issued on the 21st March, 2002, as follows:
  • “I recommend that the employer pay the claimant €700 compensation.”

• • Both parties appealed the recommendation to the Labour Court on the 1st May, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Tullamore on the 27th August, 2002, the earliest date suitable to both parties.

WORKER'S ARGUMENTS:

3. 1. There was a verbal agreement that the worker could not work on Monday nights.

2. On Monday, October, 1st, a co-worker contacted the worker stating that the worker was required to work that night at 7.00 p.m.. The claimant contacted the shop stating she would not be home from college until 7.30 p.m. and then had band practice at 8.30 p.m.. The co-worker returned the claimant’s call stating that if she did not arrive at 7.00 p.m. then she need not come back at all.

3. The worker had always worked whenever she was asked.

COMPANY'S ARGUMENTS:


4. 1. The worker terminated her contract of employment without notice to her employer.

2. The employer denies that the worker was dismissed.


DECISION:

The Court has considered the oral and written submissions of both parties. The Court is of the view that when all the circumstances of this case are considered, the termination of her employment occurred in circumstances amounting to a wrongful dismissal. Therefore, the Court concurs with the findings of the Rights Commissioner and upholds the recommendation that she should be paid €700 compensation.











Accordingly, the employer's appeal fails. The employee appealed the case within the time limit for the appeal. However, she indicated to the Court that she was satisfied with the outcome of the Rights Commissioner's recommendation.

The Court so decides.



Signed on behalf of the Labour Court



Caroline Jenkinson
11th September, 2002______________________
C.H./M.B.Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Caroline Hayes, Court Secretary.