INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
MOYLOUGH CONCRETE PRODUCTS LTD
- AND -
MR PETER MANNION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Appeal against Rights Commissioner's Recommendation IR1277/00/CW.
2. The dispute arose over an alleged unfair dismissal. The Rights Commissioner issued his recommendation on 15th August 2000, as follows:-
"I recommend that Mr Mannion accepts that he has no dispute with the Company".
On the 6th September 2000 the worker appealed the Rights Commissioner's Recommendation to the Labour Court and the Court heard the appeal on the 31st of January, 2001.
3. 1. The worker wrote to the Company on two occasions seeking clarification of his position and the Company never replied.
2. The Company did not issue the workers P45 until April 2000.
4. 1. The worker missed a total of 35½ days out of 82 working days.
2. The Employer states categorically that he did not dismiss the worker and that he had been warned on numerous occasions about his absenteeism.
The claimant did not attend the Rights Commissioners hearing , claiming he was unaware of the date of the hearing.
While it is clear from evidence forwarded to the Court that the claimant was absent for a considerable number of days during his employment, the Company accepted that it ignored his letters seeking clarification of his position between January and April 2000. The Company did not indicate to the claimant that it was dismissing him until April.
The Court having considered all aspects of the case find the procedures surrounding dismissal to be unfair and awards the claimant £250 in compensation.
The Court, therefore, upholds the appeal and rejects the Rights Commissioners Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
12th February, 2001______________________
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.