INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
1. Appeal against Rights Commissioner's Recommendation No. ST 5/96.
2. The appeal concerns one worker who was employed by the Company on the 11th of May, 1995, and was dismissed on the 10th of November, 1995. The worker, who was one of two workers dismissed, claimed that his dismissal was unfair and, subsequently, the matter was investigated by a Rights Commissioner who found that the worker had been unfairly dismissed to make way for FAS-subsidised labour. He recommended that the claimant be paid the sum of £3,200. The worker appealed the Rights Commissioner's Recommendation, to the Labour Court, on the 27th of June, 1996. The Court heard the appeal on the 2nd of August, 1996. The Company, which has been in liquidation since May, 1996, declined to attend the hearing.
3. 1. The worker's performance was excellent at all times and he was given neither written nor verbal notice of his dismissal.
2. Shortly before his dismissal, the worker was given a pay rise of £2,500 per annum. Subsequent to his dismissal the Company apparently employed FAS trainees on a considerably lower rate than that of the dismissed worker.
The Court upholds the Rights Commissioner's Recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
14th August, 1996______________________
Enquiries concerning this Decision should be addressed to Michael Keegan, Court Secretary.