INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
BALLYMOUNT HAIRSPRAY HAIR AND BEAUTY SUPPLIES LIMITED
- AND -
(REPRESENTED BY MALONE AND POTTER SOLICITORS)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr McCarthy
1. Appeal of Rights Commissioner's Recommendation r-137103-ir-13/DI.
2. This dispute concerns the Worker's claim that he was unfairly dismissed. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 15th April, 2014 the Rights Commissioner issued the following Recommendation:-
- "I declare [the] complaint to be well-founded. I require the [Company] to pay the [Worker] the sum of €12,056 in compensation for being unfairly dismissed from his employment."
On the 1th April, 2014 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th July, 2014. The Company did not attend the Hearing.
3. 1. The Worker was given no indication that the Company was unhappy with his performance.
2.The Worker was unfairly dismissed.
3.The Worker was denied the protections of fair procedures and natural justice.
On the uncontested evidence of the Claimant the Court upholds the Recommendation of the Rights Commissioner and decides accordingly.
Signed on behalf of the Labour Court
14th August, 2014______________________
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.