Labour Court Database __________________________________________________________________________________ File Number: CD89707 Case Number: LCR12660 Section / Act: S20(1) Parties: MOLLY BLOOMS FLORIST - and - A WORKER |
Claim by the worker that she is owed 4 days pay.
Recommendation:
5. Having considered the submisssions from the parties the Court
recommends that the employer Richard More O'Farrell (Molly Blooms
Florist) refund the sum of #100 to Ms. Barbara O'Meara. This
amount, in the opinion of the Court was wrongfully deducted from
the payment made to Ms. O'Meara on the termination of her
employment.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD89707 RECOMMENDATION NO. LCR12660
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: MOLLY BLOOMS FLORIST
(REPRESENTED BY C.J. LAVELLE AND COMPANY SOLICITORS)
and
A WORKER
SUBJECT:
1. Claim by the worker that she is owed 4 days pay.
BACKGROUND:
2. The worker commenced temporary employment in the florist shop
in Dawson Street on the 3rd April, 1989. She was informed by her
employer that her contract of employment would be for four months
ending on the 4th August, 1989. On the 3rd August, 1989 the
worker gave notice to her employer that she wished to leave her
employment on the 4th August. The employer calculated her wages,
less four days pay (#100), on the grounds that she should have
given one weeks notice under the terms of the Minimum Notice and
Terms of Employment Act, 1973. The worker claims that she should
have been paid for the four days, and was unfairly treated by the
employer. She referred her case to the Labour Court under Section
20(1) of the Industrial Relations Act, 1969 and agreed to be bound
by the Court's recommendation. A Court hearing was held on the
17th November, 1989.
WORKER'S ARGUMENTS:
3. 1. The worker was told by the employer when she applied for
the job that the duration of the work would be four months.
She completed this time to the satisfaction of the employer
and felt that there was no need to give one week's notice. On
the 3rd August, the employer asked her to stay on until the
end of the month due to a staff shortage. The worker was
agreeable to stay for a further two weeks but explained that
she could stay no longer due to holiday commitments. The
employer was not willing to accept this offer, became annoyed
and told the worker she could leave at any time she wished.
The worker was paid off the following day and 4 days wages
were withheld. The worker feels she has been unfairly
treated. She completed her four months work, volunteered to
stay a further two weeks to help the employer but this offer
was rejected by the employer who then told her to leave. The
worker feels that it was completely unfair to withhold 4 days
pay and requests the Court to recommend that this money be
re-paid to her.
EMPLOYER'S ARGUMENTS:
4. 1. The worker gave notice of termination of her employment
with effect from the 4th August, 1989 to the employer on the
3rd August, 1989. The employee gave one day's notice. Under
section 6 of the Minimum Notice and Terms of Employment Act,
1973 the employer calculated an adjustment in pay to reflect
the short notice in breach of the Act. Full and particular
details of the deduction was furnished by the Employer to the
worker by letter dated 4th August, 1989 (details supplied to
the Court). A copy of this letter was signed and accepted by
the worker. The employer treated the worker properly and
fairly. The worker terminated the contract of employment of
her own accord and this was accepted by the employer. Her
entitlements were calculated in accordance with the Act and
the employer feels he complied with the legislation in every
way.
RECOMMENDATION:
5. Having considered the submisssions from the parties the Court
recommends that the employer Richard More O'Farrell (Molly Blooms
Florist) refund the sum of #100 to Ms. Barbara O'Meara. This
amount, in the opinion of the Court was wrongfully deducted from
the payment made to Ms. O'Meara on the termination of her
employment.
~
Signed on behalf of the Labour Court
Evelyn Owens
______________________
30th November, 1989 Deputy Chairman
T.O'D./J.C.