Labour Court Database __________________________________________________________________________________ File Number: CD91263 Case Number: AD9150 Section / Act: S13(9) Parties: MARY CURRAN - and - LISA RYAN |
Appeal by Ms. Curran against Rights Commissioner's Recommendation No. B.C. 12/91 concerning the payment of holiday pay and a back weeks' wages to Ms. Ryan.
Recommendation:
4. On the basis of the submission made by the Ms. Curran at the
appeal at which Ms. Ryan did not attend the Court takes the view
that in light of the fact that the amount recommended by the
Rights Commissioner closely approximates to the sum to which Ms.
Ryan is statutorily entitled, that the Recommendation should
stand.
The Court so decides.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD91263 APPEAL DECISION NO. AD5091
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: MARY CURRAN
and
LISA RYAN
SUBJECT:
1. Appeal by Ms. Curran against Rights Commissioner's
Recommendation No. B.C. 12/91 concerning the payment of holiday
pay and a back weeks' wages to Ms. Ryan.
BACKGROUND:
2. Ms. Ryan was employed by a company called Wonderbaby Limited
on 17th July, 1990. Ms. Curran is a director of Wonderbaby
Limited. Initially Ms. Ryan was employed to work in a restaurant
in the St. Stephen's Green Centre, Dublin, which was being managed
by Wonderbaby Limited. On 12th November, 1990, she moved to
Mullingar to manage a clothing boutique owned by Ms. Curran. Ms.
Curran contends that she never employed Ms. Ryan and the claimant
continued to be employed by Wonderbaby Limited. On 15th December,
1990, the boutique in Mullingar was robbed (details supplied to
the Court). Everything was stolen from the boutique and Ms.
Curran felt she had no option but to let Ms. Ryan go. Ms. Ryan
alleged that she was owed holiday pay and a back weeks' wages.
The matter was the subject of a Rights Commissioner's
investigation and on 6th May, 1991, the Rights Commissioner
concluded that Ms. Ryan was owed monies by her employer Ms. Curran
and recommended as follows:
"In the light of the above I recommend that Mary Curran should
pay to Lisa Ryan the sum of #150 and that Lisa Ryan should
accept this in full and final settlement of all claims on the
Company in relation to the termination of her employment with
Mary Curran herewith."
Ms. Curran rejected the Rights Commissioner's Recommendation and
appealed it to the Labour Court on 15th May, 1991, under Section
13(9) of the Industrial Relations Act, 1969. The Court heard the
appeal on 5th June, 1991. Ms Ryan was not represented at the
hearing.
MS. CURRAN'S ARGUMENTS:
3. 1. Ms. Curran contends that the claimant was never in her
employment. Ms. Ryan was employed by a Company called
Wonderbaby Limited which paid the claimant her back weeks'
wages.
2. When Ms. Ryan was let go she was not provided with any
money in lieu of annual leave. In line with the terms of her
contract of employment no holiday pay is due. In any event,
as a result of the claimant's actions (details supplied) there
were no funds left with which to pay annual leave. Ms. Curran
believes that it should be Ms. Ryan who owes the money rather
than her.
DECISION:
4. On the basis of the submission made by the Ms. Curran at the
appeal at which Ms. Ryan did not attend the Court takes the view
that in light of the fact that the amount recommended by the
Rights Commissioner closely approximates to the sum to which Ms.
Ryan is statutorily entitled, that the Recommendation should
stand.
The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
28th June, 1991. Deputy Chairman
B.O'N./J.C.