Labour Court Database __________________________________________________________________________________ File Number: CD9292 Case Number: AD92149 Section / Act: S13(9) Parties: PRIORITY MANAGEMENT - and - A WORKER |
Appeal by the worker against Rights Commissioner's recommendation number C.W. 371/91 concerning wages allegedly owed.
Recommendation:
4. The Court in the circumstances of this appeal is of the view
that a reasonable amount of compensation/wage owed should be
awarded. The Court accordingly increases the sum of £4,200
recommended by Rights Commissioner to £5,000 and accordingly
upholds the appeal.
The Court so decides.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9292 APPEAL DECISION NO. AD14992
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: PRIORITY MANAGEMENT
and
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
recommendation number C.W. 371/91 concerning wages allegedly owed.
BACKGROUND:
2. The worker concerned commenced employment with the Company on
24th August, 1990 as a secretary. The Company is involved in
management training. In the period 24th August, 1990 to 30th
November, 1990 the worker received wages on a monthly basis, as
agreed with the Company. The worker claims that in the period 1st
December, 1990 to 2nd September, 1991 when she left the Company,
she was not paid for 42 weeks. During this period the worker was
continuously assured by the management that all wages owing to her
would be paid in full. The worker referred the matter to a Rights
Commissioner for investigation and recommendation. On 13th
December, 1991 the Rights Commissioner recommended as follows:
"I recommend that the Company offers and the worker accepts
the sum of £4,200 in settlement of this dispute".
(The worker was named in the recommendation).
The worker appealed the recommendation to the Labour Court under
Section 13(9) of the Industrial Relations Act, 1969. The Court
heard the appeal on 3rd March, 1991. The Company was not
represented at the hearing.
WORKER'S ARGUMENTS:
3. 1. On 30th July, 1991 when the worker was on holiday she
received a phone call from the management of the Company
confirming that pay cheques were in the post. No cheques
arrived and the Company was unable to produce receipts in
relation to the cheques.
2. The Company has avoided all efforts by the worker to
obtain payment of the wages owed. She has been unfairly
treated and should be compensated adequately.
DECISION:
4. The Court in the circumstances of this appeal is of the view
that a reasonable amount of compensation/wage owed should be
awarded. The Court accordingly increases the sum of £4,200
recommended by Rights Commissioner to £5,000 and accordingly
upholds the appeal.
The Court so decides.
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Signed on behalf of the Labour Court
Evelyn Owens
___________________________
7th April, 1992. Deputy Chairman
F.B./J.C.