Labour Court Database __________________________________________________________________________________ File Number: CD904 Case Number: AD909 Section / Act: S13(9) Parties: 747 TRAVEL - and - A WORKER |
Appeal by the worker against Rights Commissioner's Recommendation No. B.C. 286/89 concerning monies which is allegedly owed by the Company to the worker.
Recommendation:
5. Having heard the submissions of the parties to this case, the
Court does not find grounds on which to alter the decision of the
Rights Commissioner.
The Court so decides.
Division: CHAIRMAN Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD904 APPEAL DECISION NO. AD990
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: 747 TRAVEL
and
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
Recommendation No. B.C. 286/89 concerning monies which is
allegedly owed by the Company to the worker.
BACKGROUND:
2. The worker concerned was employed by 747 Travel from 6th
February, 1989 until 2nd June, 1989, she was in receipt of a
weekly wage of #90 nett. Subsequent to her leaving the Company
she received a cheque for #161.92 which, according to the Company,
was in respect of payment in lieu of notice and holiday pay. The
worker disputed this amount maintaining that she should have been
paid more and wrote to the Company accordingly. The Company
replied stating that she had been paid all money due and enclosed
a computation of her wages while employed by them.
3. The worker was dissatisfied with the Company's reply and
referred the issue to a Rights Commissioner for investigation and
recommendation. The Rights Commissioner investigated the dispute
on 26th October, 1989 and 3rd November, 1989 and issued the
following recommendation:-
"In the light of the submissions made and documentations
presented I am satisfied that 747 Travel had discharged all
its financial obligations to the worker. Thus I must
conclude that the worker is not owed any holiday pay or
payment in lieu of notice since all obligations concerning
these matters have already been discharged by the Company.
I therefore recommend that the claimants case has failed."
The worker was referred to by name in the Rights Commissioner's
recommendation.
4. The worker appealed against this recommendation under Section
13(9) of the Industrial Relations Act, 1969. The Court heard the
appeal on 31st January, 1989. The parties presented documents to
the Court and made submissions in support of them.
DECISION:
5. Having heard the submissions of the parties to this case, the
Court does not find grounds on which to alter the decision of the
Rights Commissioner.
The Court so decides.
~
Signed on behalf of the Labour Court
Kevin Heffernan
________________________
7th February, 1990. Chairman
M.D./J.C.