INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's recommendation IR 3176/00/GF, concerning dismissal.
2. The worker was employed by the Company in the Accounts Department from the 24th of June, 2000. Her rate of pay was £4.40 (5.59 Euro) per hour nett, based on a 39 hour week. The worker was dismissed from her employment on the 24th of November, 2000. The Union contends that the worker was dismissed from her employment for seeking a pay increase. The matter was referred to the Rights Commissioner for investigation and recommendation. On the 15th of March, 2001, the Rights Commissioner recommended the following:-
"I am accepting the claimant's evidence. I believe her dismissal was unfair. I recommend that she be paid one months wages in compensation plus two days outstanding holiday pay and her P.45 be returned to her forthwith".
On the 9th of April, 2001, the Union 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 2nd of November, 2001, in Dundalk, Co Louth. The employer failed to attend the hearing.
3. 1. The worker did not received pay slips from her employer.
2. The worker was dismissed from her employment for seeking a pay rise.
3. The employer failed to implement or appeal against the Rights Commissioner's recommendation.
4. The worker did not received her P.45.
As the employer did not attend the hearing, the only evidence before the Court was that of the claimant.
The Court, having considered the written and oral submissions upholds the Rights Commissioner's recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
13th November, 2001______________________
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.