INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation 355/98.
2. The worker was employed by the Company as a bicycle mechanic. He claims that on his appointment it was agreed by management that he would not have to work Sundays.
The Company claims that the worker was employed on a one month trial basis. He was rostered to work two successive Sundays which he agreed to do. However, he failed to report for duty on both occasions. The Company had no alternative but to dismiss the worker.
The worker referred the dispute to a Rights Commissioner for investigation. A Rights Commissioner's hearing took place on the 29th of July, 1998. The Company did not attend the hearing. The following is the Rights Commissioner's recommendation:-
"I recommend that the Company offers and the worker
accepts the sum of £420 in settlement of this dispute."
(The worker was named in the Rights Commissioner's recommendation).
The worker appealed the recommendation to the Labour Court on the 10th of September, 1998, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 23rd of November, 1998.
The worker failed to attend the Court hearing.
3. 1. The worker was on probation and failed to reach the standards required by the Company.
2. It was made clear to the worker that if he did not prove himself within the trial period that he would be let go.
3. The worker agreed to the conditions of employment when he was being interviewed for the job.
4. The worker was detailed to work on two successive Sundays but failed to report for work on both occasions.
Having initiated the appeal against the recommendation of the Rights Commissioner, the worker failed to attend the hearing so as to prosecute the appeal.
The appeal is accordingly dismissed and the recommendation of the Rights Commissioner affirmed.
Signed on behalf of the Labour Court
30th November, 1998______________________
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.