INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
1. Appeal against Rights Commissioner's Recommendation No. ST 135/96.
2. The appeal concerns one worker who was employed by the Company on the 26th of June, 1995, and was dismissed on the 6th 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 £2,500. 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. At the time of the worker's dismissal, the area in which he worked was very busy and the Company gave no reason for his dismissal.
2. The worker's dismissal followed shortly after he had been given a pay rise of £1,500 per annum. Subsequently, the Company employed FAS-subsidised workers who were paid a considerably lower rate than 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.