INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BUSINESS POST LIMITED
- AND -
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Alleged unfair dismissal
2. The worker concerned was employed by the Company as a Warehouseman from March 2000, until January 2001. He claims he was victimised and unfairly dismissed. The Company rejects the claim, as the Company ceased trading on the 31st, March, 2001.
The issue was referred to the Labour Court on the14th, June, 2002 in accordance with Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20th November, 2002. The worker agreed to be bound by the Court's recommendation.
3. 1. The worker was unfairly dismissed.
2. The Company continues to trade.
3. The worker was victimised, he is the only worker who was not re-employed in the new structure.
4 1. The Company ceased trading on the 31st, March, 2001.
2. All the employees were given due notice and paid in full.
3. The Company's operations were franchised out and the new management was under no obligation to re-employ the complainant.
The Court accepts the employer's statement that all employees were given notice and all monies paid. The claimant was one of those employees.
Given this situation the Court does not find the claimant to have been unfairly dismissed.
Signed on behalf of the Labour Court
5th December, 2002______________________
Enquiries concerning this Recommendation should be addressed to Carmel McManus, Court Secretary.