INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
M & J GLEESON & CO
- AND -
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation IR17901/03/LM.
2. The worker concerned commenced employment with the Company in March 2003 as a full-time driver. In June 2003 the worker claimed that he was called into the office and told his employment was terminated. The Company claimed that they had spoken to the worker on two previous occasions about unsatisfactory behaviour.
The issue was referred to a Rights Commissioner for investigation. The Company failed to attend the Rights Commissioner hearing. The Rights Commissioner's recommendation issued on the 6th July 2004 as follows;
"The employer is to pay the claimant the sum of €4,800.00 within a six week period from the date of this decision".
(The worker was named in the Rights Commissioner's recommendation).
The Company appealed the recommendation to the Labour Court on the 8th July 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 10th November 2004.
3. 1.The worker claims that he was never spoken to about unsatisfactory behaviour prior to the day on which he was dismissed.
2. The worker states that he never had any difficulty with the Company and received a reference when his employment was terminated.
3. The worker was unaware of the Company's grievance procedure.
4. 1. The Company claim that the employee was given a reason for his dismissal.
2. The Company claim that they spoke to the worker on two previous occasions about his behaviour prior to dismissing him.
3. The Company state that the worker was not made aware of the grievance procedures in place.
The Court, having examined the written and oral submisions of the parties, finds no reason to alter the recommendation of the Rights Commissioner, and so decides.
Signed on behalf of the Labour Court
16th November, 2004______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.