INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
FORCE 10 LTD.
- AND -
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Recommendation IR3797/01/JH.
2. The worker was employed on a temporary basis by the Company from September, 2000, to January, 2001. He was employed on security duties. Most of the Company's work were short term contracts at different locations.
The Company claims that it had no option but to let the worker go, as it had not secured any new contracts.
The worker states that he expected to be offered further employment with the Company on other contracts.
The worker referred the dispute to a Rights Commissioner for investigation. On the 6th of June, 2001, the Rights Commissioner issued her decision as follow:-
"I recommend that Force 10 Limited should pay the worker the sum of £700 (888.82 Euro) in settlement of his claim under the Industrial Relations Act, 1969and1990."
The Company did not attend the Rights Commissioner's hearing.
On the 17th of September, 2001, the Company appealed the Rights Commissioner's Recommendation to the Labour Court, under Section 13(9) of the Industrial Relations Act, 1969.
The Court heard the appeal on the 6th of November, 2001. The worker did not attend the Labour Court hearing.
3. 1. The worker was not a permanent employee. He was employed on short term contracts which he accepted.
2. As the Company failed to secure any new contracts, it had no option but to let the worker go.
3. The worker left on amicable terms and the Company wished him every success for the future.
The worker failed to attend the hearing or to communicate with the Court in relation thereto.
Having considered the uncontested submissions of the employer, the Court is satisfied that the worker was not unfairly dismissed. The appeal is allowed and the recommendation of the Rights Commissioner is varied accordingly so as to set aside the compensation awarded.
The Court so decides.
Signed on behalf of the Labour Court
_11th December, 2001______________________
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.