Labour Court Database __________________________________________________________________________________ File Number: CD91155 Case Number: AD9136 Section / Act: S13(9) Parties: EDUCATIONAL ENTERPRISES LIMITED - and - A WORKER |
Appeal by the worker against Rights Commissioner's Recommendation No. C.W. 321/90 regarding monies allegedly owed to the worker.
Recommendation:
7. The Court, having considered the details of this appeal is
satisfied that the claim for increased compensation is well
founded and accordingly recommends payment of #1,000.
The Court so decides.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD91155 APPEAL DECISION NO. AD3691
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: EDUCATIONAL ENTERPRISES LIMITED
AND
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
Recommendation No. C.W. 321/90 regarding monies allegedly owed to
the worker.
BACKGROUND:
2. The worker had a verbal agreement to help at a spanish summer
school held by Duence College in Bray for 4 weeks in July, 1990.
He was to be paid his normal monthly pay of #851.90 for carrying
out the duties. He worked for four weeks but received no payment.
3. The worker contacted his Employer and was informed that there
were no funds available to pay him and that he should contact the
Spanish Ministry of Education and/or the English Centre. The
worker referred his case to a Rights Commissioner for
investigation and recommendation. The Rights Commissioner
investigated the dispute on 11th February, 1991 and subsequently
issued the following recommendation:
"I recommend that the Company (Educational Enterprises Limited
or Equal Enterprises) pay the sum of #851.90 to the worker in
settlement of this dispute in respect of work carried out by
him during the four weeks of the summer school".
The worker was referred to by name in the Rights Commissioner's
recommendation.
4. the worker appealed the Rights Commissioner's recommendation
to the Labour Court under Section 13(9) of the Industrial
Relations Act, 1969 on the grounds that the amount awarded to him
by the Rights Commissioner was insufficient as it did not take
into account the distress he has suffered. A court hearing was
held on 11th April, 1991.
5. The Employer wrote to the Court on 25th March, 1991 stating
inter alia that he would not be attending or be represented at the
Court hearing. He further stated that he acted as a local agent
for Duence College and that its principals were English Centre,
Nunez de Balhoa, Madrid and he had not received any funds to pay
the worker here concerned.
WORKER'S ARGUMENTS:
6. 1. The Employer in failing to pay the worker put him in a
position of having to engage a third party. He had been
without the money due since July, 1990 for which he worked.
2. The worker considers that the Rights Commissioner should
have recommended that he receive more than the months salary
due, to take account of the distress suffered by him. The
Employer has not paid him to date and the Court is asked to
increase the amount recommended by the Rights Commissioner.
DECISION:
7. The Court, having considered the details of this appeal is
satisfied that the claim for increased compensation is well
founded and accordingly recommends payment of #1,000.
The Court so decides.
~
Signed on behalf of the Labour Court
26th April, 1991 Evelyn Owens
M.D. / M.O'C. _______________
Deputy Chairman