Labour Court Database __________________________________________________________________________________ File Number: CD90717 Case Number: AD916 Section / Act: S13(9) Parties: CANADA LIFE ASSURANCE COMPANY - and - A WORKER |
Appeal by the worker against Rights Commissioners Recommendation C.W. 188/90 concerning commission payments.
Recommendation:
4. The Court considered the workers appeal against the Rights
Commissioner's Recommendation and in the absence of any submission
from the Company takes the view that the amount awarded should be
amended to #882. The Court so decides.
Division: Mr O'Connell Mr Collins Mr Rorke
Text of Document__________________________________________________________________
CD90717 APPEAL DECISION NO. AD691
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: CANADA LIFE ASSURANCE COMPANY
and
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioners
Recommendation C.W. 188/90 concerning commission payments.
BACKGROUND:
2. The worker concerned was employed by the Company as a
representative selling insurance policies. He resigned from the
Company on the 20th July, 1990. He claims that the Company did
not pay him commission on a number of policies which he secured
prior to his resignation. The Company rejected the claim. The
worker referred the dispute to a Rights Commissioner and an
investigation was held on the 3rd October, 1990. The Company did
not attend the hearing. On the 20th November, 1990 the Rights
Commissioner issued his recommendation as follows:-
"I recommend that the Company grants the courtesy to the
worker of meeting him and seeking to resolve the dispute by
discussion. Failing which, I recommend that the Company
offers and the worker accepts the sum of #800 in settlement
of this dispute." (The worker was named in the Rights
Commissioner's recommendation).
The worker rejected the recommendation and on the 10th December,
1990 appealed it to the Labour Court under Section 13(9) of the
Industrial Relations Act, 1969. A Court hearing was held on the
8th January, 1991. The Company did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. Commission should be paid in accordance with Clause 16 e
(ii) of the Company's conditions of contract which states
"during phase 11 of the Contract, Representatives will be paid
commission earned and payable as at the date of termination."
The Company owes the worker commission amounting to #882 on
numerous policies sold between February, 1990 and July, 1990
(details supplied to the Court).
2. In all of the cases mentioned there was an inordinate
delay in processing the application, collecting premiums and
arranging medical requirements. The amount due to the worker
in commission is #882.
3. The worker has satisfied all the requirements as set out
by the Company in accordance with his contract of employment.
The Company in fact has broken the contract on more than one
occasion by not paying commissions on the month after the
initial policy or top-up has been in force.
DECISION:
4. The Court considered the workers appeal against the Rights
Commissioner's Recommendation and in the absence of any submission
from the Company takes the view that the amount awarded should be
amended to #882. The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
25th January, 1991. Deputy Chairman
T.O'D/J.C.