Labour Court Database
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File Number: CD87489
Case Number: AD8759
Section / Act: S13(9)
Parties: GREENES DRAPERY AND FOOTWEAR - and - ITGWU
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Subject:
Appeal by the Company against Rights Commissioner's Recommendation No. CM17,752 concerning the re-employment of a worker.
Recommendation:
3. The Court notes the serious dispute which has been in progress
for some considerable time and the various efforts made to resolve
the dispute. In the circumstances the Court recommends that the
Rights Commissioners Recommendation No. 17752 be amended by the
deletion of paragraphs 8 and 9, and substitution of the following
paragraphs:-
"The worker should act as relief for the senior person
in the shopping centre until such time as the new shop
is opened."
On acceptance of this decision the industrial action should cease.
The Court so decides.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87489 THE LABOUR COURT AD59/87
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 59 OF 1987
Parties: GREENES (LETTERKENNY) LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Appeal by the Company against Rights Commissioner's
Recommendation No. CM17,752 concerning the re-employment of a
worker.
Background:
2. Following an investigation held on 28th April, 1987 and 22nd
May, 1987 the Rights Commissioner issued the following
Recommendation.
"7. For the sake of continuity and because the Company has
had such a traumatic time it would not be proper to
alter the present staffing arrangements in the Shopping
Centre but at the same time the worker deserves better
than the Company's offer.
8. I recommend therefore that the offer be amended to give
him a 5-day week assisting the assessors and in the
planning for the re-opening of the Main Street Shop -
the arrangement to be reviewed after three months.
9. Nobody other than Mr. Greene himself should act as
relief for the senior person in the Shopping Centre
pending the review after three months of the workers
position."
The Company appealed against this Recommendation to the Labour
Court on 19th June, 1987. A Court hearing to hear the appeal was
held in Letterkenny on 15th July, 1987.
DECISION:
3. The Court notes the serious dispute which has been in progress
for some considerable time and the various efforts made to resolve
the dispute. In the circumstances the Court recommends that the
Rights Commissioners Recommendation No. 17752 be amended by the
deletion of paragraphs 8 and 9, and substitution of the following
paragraphs:-
"The worker should act as relief for the senior person
in the shopping centre until such time as the new shop
is opened."
On acceptance of this decision the industrial action should cease.
The Court so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
Deputy Chairman
16th July, 1987
M.D./J.C.