INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
MOULIN ROUGE HAIR SALON
- AND -
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Recommendation IR12361/02/GF
2. The worker began her employment on the 7th of January, 2002, and claim that she was unfairly dismissed on the 19th of October, 2002. She feels that she was unfairly treated while employed by being asked to do a number of jobs that had nothing to do with hairdressing, e.g. fixing broken equipment in the salon, and getting supplies from other salons. She claims that training classes were often cancelled as there was no one to train her. The worker believes that she was given no chance to improve her skills or training.
The worker claims that some time after it became known that she was pregnant she was called aside by the manager and told that she would have to be let go as there was not enough money to pay her. The worker was upset by her treatment and referred her case to a Rights Commissioner. His recommendation was as follows:
"In the unexplained absence of the employer, I am accepting the claimant as a credible witness and I decide her complaint is well founded and she was unfairly dismissed. I am recommending she be paid compensation from the date of her dismissal a total of €5000."
The Company appealed the recommendation to the Labour Court on the 16th of June, 2003, in accordance with Section 13 (9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 12th of August 2003. The employer did not attend the hearing but in his written appeal to the Court denied that the worker was dismissed because of the pregnancy. The following is the Court's decision:
The employer did not appear at the hearing to prosecute his appeal. In these circumstances, the only course open to the Court is to dismiss the appeal and affirm the recommendation of the Rights Commissioner.
The Court decides accordingly.
Signed on behalf of the Labour Court
25th August, 2003______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.