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2002

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AD0269

FULL RECOMMENDATION

CD/02/424
APPEAL DECISIONNO.AD0269
(IR7001/01/GF)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
MILLERS FOREST AND GARDEN LIMITED

- AND -

A WORKER


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Appeal against Rights Commissioner Recommendation IR7100/01/GF.


BACKGROUND:

2. The worker concerned commenced employment with the Company on the 12th of March, 2001, as a trainee Horticultural Mechanic. He claims he was unfairly dismissed on the 4th of September, 2001. The Company rejects the claim.

The issue was referred to a Rights Commissioner for investigation. The Rights Commissioner found that the dismissal was unfair and recommended that the employer pays the worker the sum of €600 compensation in settlement of the claim. His recommendation issued on the 24th of July, 2002.

The worker appealed the recommendation to the Labour Court on the 2nd of August, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th of October, 2002, the earliest date suitable to the parties.


WORKER'S ARGUMENTS:

3. 1. The worker concerned liked his work and got on well with the other workers.

2. He was unfairly dismissed by his employer during a telephone conversation.


COMPANY'S ARGUMENTS:

4. 1. The worker concerned was employed under a Fás Job Start Scheme.

2. After approximately three months of employment staff began to complain regarding the behaviour of the worker concerned. The employer was left with no option but to dismiss him in order to protect the business.


DECISION:

The Court having considered the written and oral submissions made by the parties finds the Rights Commissioners decision to be appropriate in this case.

The Court, therefore, rejects the appeal and upholds the Rights Commissioners decision.



Signed on behalf of the Labour Court



Finbarr Flood
21st October, 2002______________________
GB./MB.Chairman



NOTE

Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.




 
 
 
 
 
 
 
 
 

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