INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY SMYTH, O'BRIEN & HEGARTY, SOLICITORS)
- AND -
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr Rorke
1. Appeal against Rights Commissioner's Recommendation 416/98.
2. The worker commenced employment on the 12th of May, 1998, and claims that she was unfairly dismissed on the 29th of May. The worker referred her case to a Rights Commissioner and his recommendation is as follows:-
"I find that the dismissal was unfair and
recommend that the claimant be reinstated".
The Company maintains that it was willing to abide by the Rights Commissioner's recommendation but that it was not contacted by the worker. The worker claims that she was waiting for the Company to contact her.
The worker referred her case to the Labour Court on the 16th of October, 1998, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 24th of November, 1998. The following is the Court's decision:
The Court affirms the recommendation of the Rights Commissioner that the claimant be reinstated in her employment with no break in service.
Signed on behalf of the Labour Court
30th November, 1998______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.