Labour Court Database __________________________________________________________________________________ File Number: CD92175 Case Number: AD92189 Section / Act: S13(9) Parties: CHIQUE LTD - and - A WORKER |
An appeal by the worker against Rights Commissioner's Recommendation No BC354/91 concerning alleged unpaid wages.
Recommendation:
4. As the Company failed to attend the hearing, the Court heard
evidence from the claimant and decided that the recommendation of
the Rights Commissioner was appropriate and should be implemented.
The Court also decided that the claimant should be paid a further
#135 by the Company in respect of holiday pay and that she should
be furnished with a completed P.45 tax form.
Division: Mr Heffernan Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92175 APPEAL DECISION NO. AD18992
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CHIQUE LTD
and
A WORKER
SUBJECT:
1. An appeal by the worker against Rights Commissioner's
Recommendation No BC354/91 concerning alleged unpaid wages.
BACKGROUND:
2. The worker was employed by the Company from May, 1990 until
March 1991 when her employment was terminated. On commencement of
her employment the worker worked a week in hand for which she was
not paid and was subsequently paid on a weekly basis. When her
employment was terminated the Company failed to pay her that first
weeks wages, her holiday entitlement or to issue her with a P45
tax form.
The worker referred the issue to a Rights Commissioner for
investigation and recommendation. A Rights Commissioner's
investigation took place on 30th January, 1992 and the following
recommendation issued on 6th February, 1992:-
"In the light of the above I recommend that Pat
Geoghegan trading as Chique Ltd should pay to the
worker the sum of #135 and that this be accepted by her
in full and final settlement of all claims on the
Company in relation to her employment".
(The worker was named in the recommendation).
The Rights Commissioner's recommendation was appealed to the
Labour Court by the worker in accordance with Section 36(2) of the
Industrial Relations act, 1990. A Labour Court investigation took
place in Athlone on 11th August, 1990. The Company did not attend
nor was it represented at the Labour Court hearing.
WORKER'S ARGUMENTS:
3. 1. The worker is entitled to be paid for the first week she
worked for the Company and despite every effort has been
unsuccessful in having the monies owed to her paid. Moreover
on termination of her employment the Company failed to isue
her with a P45 tax form.
DECISION
4. As the Company failed to attend the hearing, the Court heard
evidence from the claimant and decided that the recommendation of
the Rights Commissioner was appropriate and should be implemented.
The Court also decided that the claimant should be paid a further
#135 by the Company in respect of holiday pay and that she should
be furnished with a completed P.45 tax form.
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Signed on behalf of the Labour Court
Kevin Heffernan
21st August, 1992 ----------------
A.O'S/U.S. Chairman