INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Recommendation IR328/00/GF.
2. The worker concerned was employed by the Hotel as a Commis Chef from the 7th of December, 1999. He claims he was unfairly dismissed on the 16th of January, 2000. The employer states he resigned. The issue was referred to a Rights Commissioner for investigation. His recommendation issued on the 31st of July, 2000, as follows:-
"On balance, I am inclined to accept the respondent's recollection of what occurred and I am satisfied the claimant resigned from his position."
The worker appealed the recommendation to the Labour Court on the 5th of September, 2000, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 25th of July, 2001, the earliest date suitable to the parties.
3. 1. The worker concerned was complimented on his work by the Head Chef. He was not aware that his work was unsatisfactory.
2. The worker was unfairly dismissed and is seeking compensation for the remainder of his probation period.
4. 1. The worker concerned was spoken to regularly regarding his appearance, work performance and time keeping.
2. The worker concerned was not dismissed. He resigned from his position.
The Court has carefully considered the submissions of the parties and the evidence adduced as to the circumstances in which the claimant's employment came to an end.
On balance, the Court has come to the view that the conclusion drawn by the Rights Commissioner is correct. Accordingly, the appeal is disallowed and the Recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
13th August, 2001______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.