Labour Court Database __________________________________________________________________________________ File Number: CD88483 Case Number: AD8846 Section / Act: S13(9) Parties: BRAY URBAN DISTRICT COUNCIL - and - A WORKER |
Appeal by a worker against Rights Commissioner's recommendation No. BC89/88.
Recommendation:
11. Having considered the submissions made by the parties, the
Court finds no grounds for altering the Rights Commissioner's
recommendation.
The Court so decides.
Division: Mr Fitzgerald Mr Heffernan Mr Devine
Text of Document__________________________________________________________________
CD88483 APPEAL DECISION NO.AD4688
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: BRAY URBAN DISTRICT COUNCIL
and
A WORKER
SUBJECT:
1. Appeal by a worker against Rights Commissioner's
recommendation No. BC89/88.
BACKGROUND:
2. The worker concerned was appointed to the position of
temporary Clerk of Works for the Ballywaltrim/Irishtown Stage II
housing scheme with effect from 2nd December, 1985, and continued
in the Council's employment until 8th May, 1987.
3. The basis of the contract of employment of the worker was that
he would be employed for twelve months or until the completion of
the contract at Ballywaltrim, which ever is the longer.
4. On the 3rd June, 1987, the worker queried the number of annual
leave days for which he was paid. Following correspondence
between the parties the worker was paid an extra 3½ days annual
leave. The worker was dissatisfied with the method of calculating
his annual leave entitlement and a meeting was held on 9th
November, 1987.
5. As a result of this meeting the Council revised its method of
calculating the worker's annual leave entitlement and he was paid
an extra day's holiday pay.
6. The worker was not satisfied with this outcome and referred a
claim for £1,291.75 to the Rights Commissioner for investigation
and recommendation. This claim also related to a number of other
issues which included the following -
(a) His belief that his employment was terminated before the
contract at Ballywaltrim was complete.
(b) Additional holiday entitlements.
(c) Time and expenses incurred in pursuing these issues
(details supplied to the Court).
7. Following an investigation by the Rights Commissioner on 6th
May, 1988, the following recommendation was issued -
"In the light of the above and having examined in great detail
the extensive submissions made by both parties, in
particular, that of the worker I am satisfied that (a) his
contract was terminated in accordance with his letter of
appointment and (b) that no other monies are due to him.
I therefore recommend that the worker's claim must fail".
The worker was referred to by name in the Rights Commissioner's
Recommendation.
8. The worker appealed the recommendation to the Labour Court
under Section 13(9) of the Industrial Relations Act, 1969. The
Court heard the appeal on 18th June, 1988.
WORKER'S ARGUMENTS:
9. 1. The Council did not provide the worker with his
conditions of employment as laid down by the Minimum Notice
and Terms of Employment Act, 1973.
2. The Council was in breach of the worker's contract of
employment by terminating his employment prior to the
termination of the builder's contract at Ballywaltrim.
3. As a result of the catalogue of errors made by the
Council the worker incurred a lot of expense in time and
money in pursuing these issues. In view of the fact that the
worker is unemployed these expenses have been quite
considerable.
COUNCIL'S ARGUMENTS:
10. 1. The worker's contract of employment was terminated in
accordance with his letter of appointment. All the houses
were in the Council's possession by 27th April, 1987.
2. The worker wrote to various Departments and Agencies who
had investigated his complaints and found no action was
necessary in reltion to them (details supplied to the Court).
Consequently the Council is satisfied that all monies due
have been paid to the worker.
DECISION:
11. Having considered the submissions made by the parties, the
Court finds no grounds for altering the Rights Commissioner's
recommendation.
The Court so decides.
~
Signed on behalf of the Labour Court
28th July, 1988 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman