Labour Court Database __________________________________________________________________________________ File Number: CD90461 Case Number: AD9039 Section / Act: S13(9) Parties: MAINTENANCE PROPERTY AND EMERGENCY SERVICES - and - A WORKER |
Appeal by a worker against Rights Commissioner recommendation No. B.C. 45/90.
Recommendation:
4. The Court notes that the Company did not respond to the
Court's invitation to attend the hearing. Having considered the
evidence presented the Court is of the view that the
recommendation of the Rights Commissioner should be upheld.
The Court accordingly rejects the appeal and so decides.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD90461 APPEAL DECISION NO. AD3990
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: MAINTENANCE PROPERTY AND EMERGENCY SERVICES
and
A WORKER
SUBJECT:
1. Appeal by a worker against Rights Commissioner recommendation
No. B.C. 45/90.
BACKGROUND:
2. The worker concerned was employed with the Company as an
office and sales manager, for eight months. His weekly wage was
#100 plus commission (15% nett on maintenance, 10% on other work
i.e. building and carpet cleaning and #50 per each membership
subscription). A dispute arose when the worker claimed that he
was due some #739 by way of unpaid commission. The employer
disputed the commission claim and the dispute was the subject of a
Rights Commissioner's investigation on 15th May, 1990. His
recommendation was as follows:-
"In the light of the above I recommend that M.P.E.S. pay to
the worker the sum of #550 and that this be accepted by him
in full and final settlement of all claims on the Company in
relation to commissions outstanding."
Note: The worker was named in the recommendation.
Following the issue of the recommendation the worker contacted the
employer and enquired if the dispute could be resolved on the
basis as set out by the Rights Commissioner. The employer claimed
that he had not received a copy of the Rights Commissioner's
recommendation. The worker arranged for the issue of the
recommendation by registered post, to the Company. No further
response was received from the employer and on 13th August, 1990,
the worker appealed the Rights Commissioner's recommendation to
the Labour Court. The Court heard the appeal on 6th September,
1990. The employer did not submit any submission and did not
attend at the appeal hearing.
WORKER'S ARGUMENTS:
3. 1. The worker secured business from thirteen companies
(details supplied to the Court). He received seven payments.
Commission earnings are due in respect of the other work
secured. The worker is also due #220 in respect of two weeks
annual leave.
2. The Company is now trading under a different name.
DECISION:
4. The Court notes that the Company did not respond to the
Court's invitation to attend the hearing. Having considered the
evidence presented the Court is of the view that the
recommendation of the Rights Commissioner should be upheld.
The Court accordingly rejects the appeal and so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
19th September, 1990. Deputy Chairman
A.McG./J.C.