FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MID WEST SECURITY (REPRESENTED BY MSS) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Recommendation IR18691/04/MR - double appeal.
BACKGROUND:
2. The Worker concerned commenced employment as a Security Officer with the Company in January 2003.
In July 2003 the Worker was spoken to about smoking on the site which was a non-smoking facility. The Company also maintain that the Worker was absenting herself from the Security Centre which was contrary to on site instructions.
The Worker was dismissed from her employment on the 4th December. She was still on probation at the time but this was not used as the basis for dismissal.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 11th January 2005, as follows:-
"I therefore recommend that:
Mid West Security Ltd should agree, on an exceptional basis, to pay the Worker an ex gratia lump sum of €2,000;
The Worker and SIPTU should accept this payment in full and final resolution of this dispute."
The Worker was named in the recommendation.
Both parties appealed the Recommendation to the Labour Court on the 19th and 21st February 2005, respectively, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st February 2006, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1.The Company has failed to offer any evidence to substantiate the reasons for the Worker's dismissal.
2. The Union maintains that there was a lack of fair procedure in relation to an internal appeal.
COMPANY'S ARGUMENTS:
4. 1. TheCompany believes that the Worker was given a fair opportunity to carry out her duties properly.
2. The Company believes that they had valid grounds for the termination of the Worker's contract of employment.
DECISION:
Having heard the submissions of the parties in this case, the Court is of the view that the Rights Commissioner's recommendation was appropriate and correct and decides that it should be upheld.
Both appeals are thereby dismissed.
Signed on behalf of the Labour Court
Raymond McGee
28th February, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.