Labour Court Database __________________________________________________________________________________ File Number: CD88486 Case Number: AD8850 Section / Act: S13(9) Parties: GILFERN SECRETARIAL AND COMMUNICATIONS LIMITED - and - A WORKER |
Appeal by a worker against Rights Commissioner's Recommendation No. BC45/88 concerning monies allegedly due by the employer to the worker.
Recommendation:
7. The Court was not assisted in its consideration of this case
by the non-attendance of the employer. On the basis of the
evidence presented by the appellant, however, the Court has
decided to amend the Rights Commissioner's recommendation to
provide for a payment of £1,000 in full and final settlement of
the claim.
The Court so decides.
Division: Mr Fitzgerald Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88486 APPEAL DECISION NO.AD5088
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: GILFERN SECRETARIAL AND COMMUNICATIONS LIMITED
and
A WORKER
SUBJECT:
1. Appeal by a worker against Rights Commissioner's
Recommendation No. BC45/88 concerning monies allegedly due by the
employer to the worker.
BACKGROUND:
2. The worker was employed as a Personal Assistant/Secretary to
the Director of the Company from June, 1987, to 8th January, 1988,
when her employment was terminated due to redundancy.
3. At the time her employment was terminated the worker contends
that she was owed 10½ days holiday pay, two weeks pay due on 4th
January, 1988, amounting to £240 and three weeks pay amounting to
£360 due on 18th December, 1987. She received a cheque for £360
on 18th December. However that cheque subsequently bounced. This
cheque was issued from Oracle Publications another company in
which the Director had an involvement.
4. The worker claimed these monies from her employer and as no
payment was received, referred the matter to a Rights Commissioner
for investigation and recommendation. Following an investigation
held on 24th March, 1988, at which the Company was not
represented, the Rights Commissioner issued the following
recommendation -
"In the light of the above I am satisfied that the worker
fairly represented the situation to me and I therefore
recommend that the director pay to the worker the sum of £852
and that this is accepted by the worker in full and final
settlement of all claims on the Company".
Both the worker and the Director were referred to by name in the
Rights Commissioner's recommendation.
5. The worker appealed the Recommendation to the Labour Court
under Section 13(9) of the Industrial Relations Act, 1969, on the
grounds that the money awarded was insufficient. The Court heard
the appeal on 20th July, 1988. The Company was not represented at
the Appeal Hearing.
WORKER'S ARGUMENTS:
6. 1. Since the Rights Commissioner's investigation the grocer
on whom the cheque for £360 bounced informed the worker that,
as he has an overdraft facility with his bank, he has had to
pay interest on this amount. The worker was not in a
position to make good this amount until recently.
2. The worker has made many attempts to secure the money due
to her from her employer. In view of the problems the
non-payment of her salary and holiday pay and her efforts to
secure payment of same have caused her, the worker considers
that the amount awarded to her by the Rights Commissioner is
insufficient. Under the circumstances the worker considers a
sum of £1,000 to be more appropriate.
DECISION:
7. The Court was not assisted in its consideration of this case
by the non-attendance of the employer. On the basis of the
evidence presented by the appellant, however, the Court has
decided to amend the Rights Commissioner's recommendation to
provide for a payment of £1,000 in full and final settlement of
the claim.
The Court so decides.
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Signed on behalf of the Labour Court
9th August, 1988 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman