INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
O'BRIENS IRISH SANDWICH BAR
- AND -
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation R-035498-Ma-05/TB.
2. The appeal concerns a Worker who claims that she was employed by the Company on the 14th February, 2005 and was unfairly dismissed after working for 2 2/3 hours in the employment. Management rejected the claim. The dispute was referred to a Rights Commissioner for investigation. On the 8th December, 2005, the Rights Commissioner issued his Recommendation as follows:
"I do not recommend in favour of the claimant"
On the 15th January, 2006, the Claimant appealed the Rights Commissioner's Recommendation to the Labour Court. The Court heard the appeal on the 17th May, 2006.
3. 1.The recommendation of the Rights Commissioner is deficient in the matter of breach of contract on the grounds of summary unlawful dismissal. There was no fault with the Claimant's work performance and she was summarily and unlawfully dismissed without receiving any notice.
2. The Employer breached both the Implied Terms and Express Terms in the Contract of Employment.
3. The Claimant is entitled to compensation in the amount of an award not greater than her two year salary amount for breach of the Act. The Worker's annual salary is €15,065 x 2 which amounts to €30,130.
4. 1.The Claimant was made aware and understood that she was attending a "trial day" whereby she could assess the work environment and the Company could assess her suitability.
2. The Company deemed the Claimant to be unsuitable. She was offered lunch free of charge as a gesture of goodwill and informed that she was unsuitable for employment with the Company.
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 a full day's pay. Accordingly it is the decision of the Court that the Claimant be paid an additional €38 in respect of the day in question.
The Recommendation of the Rights Commissioner is varied by that amount.
Signed on behalf of the Labour Court
24th May, 2006______________________
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.