INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
TIPPERARY COMMUNITY COUNCIL (HERITAGE UNIT)
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation IR 3897/01/MR.
2. The worker concerned was employed by the Community Council as a Manager for thirteen years before being made redundant in November, 2000. She only received her statutory entitlement. The Union on her behalf is seeking four weeks' pay per year of service in addition to her statutory entitlement.
The issue was referred to a Rights Commissioner for investigation. His recommendation issued on the 30th of July, 2001, as follows:-
"I therefore recommend that Tipperary Heritage Unit should pay the worker a redundancy payment based on four weeks' pay per year of service in addition to her statutory entitlement".
(The worker was named in the Rights Commissioner's recommendation).
The employer appealed the recommendation on the 27th of August, 2001, and the Union appealed the recommendation on the 4th of September, 2001, to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 25th of February, 2003, the earliest date suitable to the parties.
The employer did not make a submission to the Court and did not attend the appeal hearing.
Both parties appealed the recommendation of the Rights Commissioner. The Union appealed on the basis that the employer had failed to meet the terms of the Rights Commissioner's recommendation. The employer appealed on the grounds of the inability of a voluntary body to meet the terms recommended.
The employer failed to attend the appeal hearing at the Court and did not forward a written submission. The Court is satisfied that the employer was made aware of the consequences of not moving his appeal before the Court. Accordingly, the Court dismisses the employer's appeal and upholds the Rights Commissioner's recommendation.
The Court so decides.
Signed on behalf of the Labour Court
10th March, 2003______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.