Labour Court Database __________________________________________________________________________________ File Number: CD91552 Case Number: AD91105 Section / Act: S13(9) Parties: CREATION HOLIDAYS, TRAVEL AGENTS - and - A WORKER |
Appeal by a worker against Rights Commissioner's Recommendation No. BC230/91 regarding alleged monies due.
Recommendation:
Having considered the submissions of both parties the Court
finds no grounds on which it should alter the Rights
Commissioner's Recommendation.
The Court accordingly upholds the Recommendation and rejects the
appeal.
The Court so decides.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD91552 RECOMMENDATION NO. AD10591
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CREATION HOLIDAYS, TRAVEL AGENTS
and
A WORKER
SUBJECT:
1. Appeal by a worker against Rights Commissioner's
Recommendation No. BC230/91 regarding alleged monies due.
BACKGROUND:
2. 1. The worker commenced employment on Monday 25th February
1991 and on Wednesday 27th February 1991 she informed the
Company that she had a better offer of employment in another
agency. The worker offered to work a week's notice but was
advised that this was not required and it was agreed that she
finish up with the Company on Friday 1st March. The worker was
not paid for her week's work. The Company claims that it was
made clear to the worker that for the duration of her training
she would be participating in a FAS scheme and therefore should
be paid by FAS.
2. 2. The worker referred the issue to a Rights Commissioner
for investigation and recommendation. A Rights Commissioner's
hearing took place on 30th August, 1991 and the following
Recommendation issued on 11th September, 1991.
In the light of the above I must uphold the claim made
by the worker and I therefore recommend that Creation
Travel pay to her the sum of £66 and that this be
accepted by her in full and final settlement of all
claims on the Company".
(The worker was named in the Recommendation).
The Rights Commissioners Recommendation was appealed to
the Labour Court by the worker under Section 13(9) of the
Industrial Relations Act, 1969. A Labour Court investigation
took place on 7th November, 1991.
WORKER'S ARGUMENTS:
3. 1. Having checked with FAS the worker was informed that in
order to be registered as a FAS trainer the relevant forms
must be completed prior to a trainee commencing
employment. As no forms were completed the worker was not
registered with FAS and therefore the responsibility for
payment of any wages due lies with the Company.
2. The worker feels that she is also entitled to compensation
for expenses incurred and the inconvenience to her in the
pursuit of her basic entitlement.
COMPANY'S ARGUMENTS
4. 1. The Company had arranged that all relevant forms for the
FAS training scheme be signed on Thursday 28th February in
the presence of a FAS employee but subsequently canceled
the appointment when the worker gave in her notice. The
Company however were still of the opinion that as the
worker had been recruited as a FAS trainee that FAS was
responsible for her wages.
2. The Company will pay the worker the amount recommended by
the Rights Commissioner.
DECISION
Having considered the submissions of both parties the Court
finds no grounds on which it should alter the Rights
Commissioner's Recommendation.
The Court accordingly upholds the Recommendation and rejects the
appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
4th December 1991
A.N.S./N.M. -------------------
Deputy Chairman