INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
CORK COUNTY COUNCIL
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation IR4270/01/MR.
2. The worker concerned was employed by the County Council as a temporary labourer from the 24th of April, 2000. He claims he was unfairly dismissed on the 23rd of March, 2001. He received one week's notice.
The issue was referred to a Rights Commissioner for investigation. His recommendation issued on the 14th of August, 2001, as follows:-
"Accordingly, I recommend that Cork County Council should now agree to pay the worker a once-off lump sum of £1,500, and that the worker and SIPTU should accept this sum in full and final settlement of all matters in dispute between the parties".
(The worker was named in the Rights Commissioner's recommendation).
The Union appealed the recommendation to the Labour Court on the 24th of August, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 12th of December, 2001, the earliest date suitable to the parties.
3. 1. During his period of employment, the worker concerned was not informed that the County Council was not satisfied with his work performance.
2. The worker concerned was not given the opportunity to defend any allegations made against him.
3. The worker concerned should now be re-instated by the County Council.
4. 1. It was clear from the worker's contract of employment that his employment could be terminated at anytime with the appropriate notice.
2. During the period of the worker's employment, a number of incidents occurred in relation to unauthorised dumping and time-keeping which influenced the Council's decision to terminate his employment.
The Court has given careful consideration to the submissions of the parties to this appeal.
The Court is satisfied that the conclusions and Recommendation of the Rights Commissioner are appropriate and fair having regard to all of the circumstances of this case.
Accordingly, the Recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
31st December, 2001______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.