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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CHRISTY O'ROURKE T/A CRIME CONTROL
REPRESENTED BY MR. DANIEL KELEHER B.L. INSTRUCTED BY CONOR MAGUIRE & CO., SOLICITORS - AND - GORDON FITZGERALD (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Mr Hall |
1. Appeal Of Adjudication Officer Recommendation No(S). ADJ-00013680 CA-00017938-004/005.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 11 December 2019 the Adjudication Officer issued the following Recommendation:-
CA-00017938-004 - “I recommend that the uniform deduction ceases immediately and that the contract of employment is amended to ensure compliance with the terms Statutory Instrument. I award the worker €1,000 compensation in respect of the deduction for the uniform."
CA-00017938-005 - "I recommend that the employer reinstate the worker for his position as a security guard and pay him €1,000 in compensation."
The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 1 February 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court Hearing took place on 28 March 2019 and 5 February 2020.
DECISION :
This is an appeal by Christy O’ Rourke T/A Crime Control (the Respondent) against a Decision of an Adjudication Officer. The Adjudication Officer upheld the complaint.
A Labour Court hearing took place on the 5th February 2020 both parties were in attendance. By agreement the appeal was uncontested. The appeal is upheld.
The decision of the Adjudication Officer is set aside.
The Court so decides.
Signed on behalf of the Labour Court
Louise O'Donnell
TH ______________________
20 March 2020 Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.