INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
RESEARCH RESOURCES LTD
- AND -
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation R-035653-Ma-05/TB.
2. The worker was employed by the Company from the 15th February 2005 until the 21st February 2005 when she was dismissed with one weeks notice.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 8th December 2005, as follows:-
"I consider the reason given for this dismissal to be grossly unfair on the claimant. I award her
€1,000 in compensation."
The Company accepted the Rights Commissioner's recommendation and sent a cheque including €1,000 in compensation to the worker.
The worker appealed the recommendation to the Labour Court on the 19th 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 a 1 month probationary period as stated in the Contract of Employment " your employment with the company shall be subject to a one month probationary period.".
2. There was no complaint about work performance.
3. The worker was terminated unlawfully on Monday 21st February 2005 and is entitled to a compensation award of an amount equivalent and not greater than 2 years salary for breach of the Industrial Relations Act 1969 and 2001.
4. 1. The Company dismissed the worker as it was felt that the relationship history between two parties would be problematic. The worker had previously worked for the Company when it operated under another name.
2. The Company accepts that it should not have re-hired the worker and have since changed its recruitment procedures.
The Court has carefully considered the submissions of the parties to this appeal.
The Court is of the view that in the circumstances of this case the Claimant should be paid compensation equal to four weeks pay. Accordingly it is the decision of the Court that the compensation awarded by the Rights Commissioner should be increased to €1,328.00.
The recommendation of the Rights Commissioner is varied to that amount.
Signed on behalf of the Labour Court
22nd May, 2006______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.