Labour Court Database __________________________________________________________________________________ File Number: CD87368 Case Number: AD8755 Section / Act: S13(9) Parties: MR. STEPHEN GLENNON - and - A. GERARD MOYLAN & CO. |
Appeal against a Rights Commissioner's Recommendation CW139/86 concerning wages allegedly owed to the worker.
Recommendation:
3. The Court having considered the submissions from both parties
finds no justification for altering the Rights Commissioner's
Recommendation. The Court accordingly upholds the recommendation
and rejects the appeal.
The Court so decides.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87368 THE LABOUR COURT AD5587
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 55 OF 1987
PARTIES: MR. STEPHEN GLENNON
AND
A WORKER
Subject:
1. Appeal against a Rights Commissioner's Recommendation
CW139/86 concerning wages allegedly owed to the worker.
Background:
2. The worker concerned was arrested as he arrived for work on
the last day of his employment. He did not work that day. He did
not receive any wages for the week worked and he referred the
matter to a Rights Commissioner for investigation and
recommendation. The Rights Commissioner, following an
investigation held on 13th January, 1987 issued the following
recommendation dated 20th January, 1987:
" I recommend that Mr. Glennon pays the gross sum (less
statutory deductions) of #92 (#84 wages and #8 expenses) to
the worker in respect of the period from 23rd to 26th June,
1986 inclusive".
The worker appealed the recommendation on 30th April, 1987 under
Section 13(9) of the Industrial Relations Act, 1969. A Labour
Court hearing to hear the appeal was held in Galway on 17th June,
1987. The grounds of his appeal are the amount of expenses
awarded are inadequate and he should have been awarded 5 days pay
instead of 4 days. In response the employer Mr. Glennon stated
that the amount awarded was not disputed by him and that he had
not paid the worker as the matter was under appeal.
DECISION:
3. The Court having considered the submissions from both parties
finds no justification for altering the Rights Commissioner's
Recommendation. The Court accordingly upholds the recommendation
and rejects the appeal.
The Court so decides.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
7th_July,_1987.
M. D. / M. F. Deputy Chairman