Labour Court Database __________________________________________________________________________________ File Number: CD89914 Case Number: LCR12751 Section / Act: S20(1) Parties: KILKEA CASTLE HOTEL - and - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION |
Claim by the Union that the Hotel should honour contracts regarding the employment of two workers.
Recommendation:
4. The Court notes that the Company did not respond to the
invitation to attend the Court hearing of this dispute.
The Court is satisfied that there is merit in the Union's claim
and recommends that the two claimants be re-instated according to
the terms of their contracts.
Division: Ms Owens Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD89914 RECOMMENDATION NO. LCR12751
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: KILKEA CASTLE HOTEL
AND
SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION
SUBJECT:
1. Claim by the Union that the Hotel should honour contracts
regarding the employment of two workers.
BACKGROUND:
2. The Kilkea Castle Hotel is located at Castledermot,
Co. Kildare. In August, 1989 the Union recruited employees of the
Hotel as members and the two workers concerned were subsequently
elected as Union representatives. During this time the two
workers concerned were told by Hotel management to stay at home
and that they would be sent for (all other staff were at work).
In subsequent discussions with the Union the Hotel stated that the
two workers concerned are employed on an hour to hour basis. The
Union claims that the two workers concerned have agreed conditions
of employment (details supplied to the Court) and should be
recalled to work. The Hotel has rejected this claim. The Union
referred the matter to the Labour Court under Section 20(1) of the
Industrial Relations Act, 1969. The hearing took place in
Newbridge on 30th January, 1990. Prior to the hearing the Union
agreed to be bound by the Court's recommendation. The Hotel was
not represented at the hearing and did not make a submission to
the Court.
UNION'S ARGUMENTS:
3. 1. It is clear from the agreed conditions of employment of
the two workers concerned that they were not employed on an
hour to hour basis as stated by the Hotel. The two workers
concerned should be recalled and their agreed contracts should
be honoured by the Hotel.