Day 189 - 20 Nov 95 - Page 11


     
     1        recommendations, there were no need for it to go any
     2        further?
     3        A.  That is right.  The Rights Commission is -- generally,
     4        disputes involving individuals are taking through the
     5        Rights Commissioner first ---
     6
     7   Q.   Yes.
     8        A.  -- and then on appeal to the Labour Court.
     9
    10   Q.   But the Rights Commissioner makes only recommendations?
    11        A.  Yes.
    12
    13   Q.   He or she does not make orders ---
    14        A.  No.
    15
    16   Q.   -- of any kind?  If there were to be an order because the
    17        Rights Commissioner's recommendations were not satisfactory
    18        to one or both parties, then presumably -- and you must
    19        know something about this now -- the Labour Board can make
    20        orders, can it?
    21        A.  The Irish Industrial Relations is based on a voluntary
    22        -- a voluntary nature.  So any recommendation that is
    23        issued by the Labour Court is not binding.
    24
    25   Q.   Does it amount to this, that if, for instance, an employer
    26        does not want to take an employee back, whatever the
    27        Rights Commissioner thinks of it, there is nothing the
    28        Rights Commissioner can do about that; the Rights
    29        Commissioner can, if he or she wishes, accept what seems to
    30        be inevitable, that the employee is not going to get his or
    31        her job back, and recommends that in those circumstances
    32        such and such a sum of compensation would be appropriate?
    33        A.  That is right.
    34
    35   Q.   In effect, that is what happened here?
    36        A.  That is what happened.
    37
    38   Q.   And McDonald's paid the sum?
    39        A.  McDonald's paid the sum.  But the judge was very clear
    40        in his ruling that I was being victimised because of my
    41        trade union activity; and subsequently, I believe,
    42        your Honour, that these positions of hostesses, that they
    43        exist again in McDonald's stores.
    44
    45   Q.   I do not want you to go into that.  But when you said that
    46        the Rights Commissioner could not recommend reinstatement,
    47        presumably, in certain circumstances he can recommend
    48        reinstatement, but it is a question of whether he or she
    49        thinks it right to do so in a particular case?
    50        A.  To the best of my knowledge, the Rights Commissioner 
    51        cannot recommend reinstatement.  That can only be done on 
    52        appeal to the Labour Court. 
    53
    54   Q.   Yes.  It may not matter at the end of the day, but that is
    55        your understanding?
    56        A.  That is my understanding of it, yes.
    57
    58   MR. JUSTICE BELL:   Do you want to ask your question again, if
    59        you can remember what it was, Mr. Morris?
    60

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