INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
ROCHELLE FOODS LTD
- AND -
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation R-035501-Ma-05/TB.
2. The worker concerned was employed by the Company for a period from the 18th January 2005 until the 28th January 2005 when she was let go due to the lack of available work. The Company handbook states that 'all staff are on trial for 3 months and can be dismissed during this time if not up to the required standard.'
The worker felt that she had been treated unfairly.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 12th December, 2005 as follows:-
"In the absence of the respondent the claimants' complaint concerning this matter was not contested.
Based therefore on her uncontested evidence I recommend that she be paid €100 in compensation."
The Company did not attend the Rights Commissioner hearing as they were not aware that the hearing was taking place on that particular day. However, the Company accepted the Rights Commissioner recommendation and paid the worker the amount recommended.
The worker appealed the recommendation to the Labour Court on the 15th January, 2006, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th May 2006.
3. 1.The worker was contracted to work for 3 months.
2. The dismissal of the worker was an unfair and biased action.
4. 1. The position of the worker was of a part time and relief nature.
2. Due to circumstances outside the control of the Company it was necessary to take steps to reduce the cost of its operations and use the resources they already had in the Company.
The Court has carefully considered the submissions of the parties to this appeal.
The Court is satisfied that the conclusions reached by the Rights Commissioner are correct and that his recommendation is reasonable.
The Court disallows the appeal and affirms the recommendation of the Rights Commissioner.
Signed on behalf of the Labour Court
22nd May, 2006______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.