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