INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
JOSEPH BRENNAN BAKERIES LIMITED
- AND -
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr. Somers
1. Alleged unfair dismissal
2. The worker commenced employment with the Company on the 17th of January, 2003. He went on sick leave at the beginning of August, 2003, claiming that it was a result of an injury he received at work. He claims that he sent a doctor's certificate to work on a weekly basis until he was dismissed on the 23rd of September, 2003.
The Company did not attend the Labour Court hearing but did forward a letter setting out its case. It states that the worker went missing on the 1st of August, 2003, and made no contact with the Company. A doctor's certificate was received on the 23rd of August, 2003. The worker visited the bakery a few days later and spoke to two people from Management, explaining that he was unfit for work. Management contacted the worker again on the 22nd of September, 2003. He called in the following day and was offered alternative work which he refused . He then said he was resigning from the job and he subsequently notified administration.
The worker referred his case to the Labour Court on the 19th of April, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 25th of August, 2004. The worker agreed to be bound by the Court's recommendation.
3. 1 The worker was not offered alternative work. He was told that he had been replaced as soon as he went out on sick leave.
2. The worker did not say that he was going to administration to say that he was leaving. He had sent in a doctor's certificate every week and kept the Company informed as to his injury. He had not missed one day's from work until he went absent with his injury.
On the basis of the written and uncontested oral evidence put before it, the Court finds that the claimant was unfairly dismissed by the respondent and awards him the sum of €1,250 in compensation.
Signed on behalf of the Labour Court
3rd September, 2004______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.