INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
LARAGH PROPERTY HOLDINGS LIMITED T/A STAYCITY SERVICED APARTMENTS
(REPRESENTED BY DEIRDRE TREACY)
- AND -
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr McCarthy
1. Appeal of Recommendation of Rights Commissioner's Decision r-138084-ir-13/MMG.
2. The Worker was employed by the Company as a Night Receptionist/Porter from 1st October, 2012 until his dismissal on the 21st August, 2013.
The issue involves a claim by an Employee. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 24th March, 2014, the Rights Commissioner issued his Recommendation as follows:-
"It is my opinion that the Claimant has lost his employment as a result of arbitrary decisions taken and not in compliance with procedures and documentation contained in their handbook and or the rights of an employee to natural justice and procedure under the auspices of the Industrial Relations Acts.
It is my recommendation that the Claimant be awarded a compensatory sum of €3,000.00 to be paid by the Respondent as redress for the the grievance as presented by the Claimant under the auspices of the Industrial Relations Acts."
On the 2nd May, 2014 the Employer appealed the Rights Commissioners 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 1st July 2014.
3. 1. Management did not follow any disciplinary procedures and seem to be unaware of their responsibilities in this regard.
2. The Worker is still on Job Seekers Allowance and is finding prospective employers difficult to find as he has no reference from his previous employer.
4. 1. The Worker was engaged in pre-disciplinary counselling discussions in the hope that he might improve his work performance.
2. The Rights Commissioner's award is disproportionate as the Worker contributed wholly to his own dismissal despite Management's attempts to help him improve his work performance.
Having considered the written and oral submissions of both parties to this appeal the Court upholds the findings of the Rights Commissioner that the dismissal was unfair and has decided to increase the compensation awarded to the Claimant to €5,000.
The Court so decides.
Signed on behalf of the Labour Court
20th August, 2014______________________
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.