Labour Court Database __________________________________________________________________________________ File Number: CD90697 Case Number: AD915 Section / Act: S13(9) Parties: P. M. CHEMICALS - and - A WORKER |
Appeal by the worker against Rights Commissioner's Recommendation No. BC208/90 concerning payment of wages.
Recommendation:
6. The Court having considered the claimants appeal is of the view
that the Rights Commissioner's Recommendation should be amended by
increasing the amount awarded from #1,533.50 to #1,783.50 and that the
full amount be paid to the claimant by 31 January, 1991. The Court
accordingly upholds the appeal and so decides.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD90697 APPEAL DECISION NO. AD591
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 13(9)
PARTIES: P. M. CHEMICALS
AND
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's Recommendation
No. BC208/90 concerning payment of wages.
BACKGROUND:
2. The worker concerned was employed by the Company from 23 April,
1990 as operations/general manager on a salary of #16,500 per annum.
The Company manufactures some chemical products for example paints for
art work and educational toys.
3. On 23 June, 1990 the worker's employment was terminated as the
Company ceased trading due to financial difficulties. The worker did
not receive his salary for the month of June and in addition he claims
he is owed a weeks pay from his salary for May plus 2.50 days holiday
pay. The worker estimates he is owed a total amount of #1,533.50. He
claimed this amount from his employer and as he did not receive it he
referred the matter to a Rights Commissioner for investigation and
recommendation. The Rights Commissioner investigated the claim on
6th November and on the 28th November, 1990 issued the following
recommendation.
"In the light of the above I recommend that PM Chemicals pay the
worker the sum of #1,533.50 representing #1,375 salary
outstanding and #158.50 holiday pay outstanding.
In order to facilitate the cash flow of the business I recommend
that this sum be paid out before Christmas 1990".
The worker was referred to by name in the Rights Commissioner's
Recommendation.
4. The worker appealed the Recommendation to the Labour Court under
Section 13(9) of the Industrial Relations Acts, 1969 on the grounds
that the amount awarded was insufficient. The Court heard the appeal
on 19th December, 1990. The Company did not attend and was not
represented at the hearing. However, prior to the hearing the employer
rang the Court to state that he would not be in attendance and had no
objection to the hearing proceeding in his absence. He also stated
that the figure owed to the worker was correct but that he was not in a
position to pay same before Christmas as he was owed money himself from
creditors.
WORKER'S ARGUMENTS:
5. 1. The Company which recommenced trading in August, 1990
re-employed two former workers and is still trading.
2. The worker has been unemployed since his employment was
terminated. Bills have accumulated and he is urgently in need of
the monies due. He considers the amount awarded by the Rights
Commissioner to be insufficient as it does not take into account
the stress and anxiety he has suffered and expense of processing
his case this far.
DECISION:
6. The Court having considered the claimants appeal is of the view
that the Rights Commissioner's Recommendation should be amended by
increasing the amount awarded from #1,533.50 to #1,783.50 and that the
full amount be paid to the claimant by 31 January, 1991. The Court
accordingly upholds the appeal and so decides.
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Signed on behalf of the Labour Court
21st January, 1991 Evelyn Owens
M.D. / M. O'C. _______________
Deputy Chairman