Labour Court Database __________________________________________________________________________________ File Number: CD9291 Case Number: AD92139 Section / Act: S13(9) Parties: ELSTAR COMPUTER SYSTEMS LIMITED - and - A WORKER |
Appeal by the worker against Rights Commissioner's Recommendation No. B.C. 450/91 concerning alleged monies owed.
Recommendation:
4. The Court, in the absence of any representation from the
Company, endorses the Rights Commissioners Recommendation. The
Court decides that Rights Commissioners Recommendation should
stand.
Division: Mr O'Connell Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD9291 APPEAL DECISION NO. AD13992
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: ELSTAR COMPUTER SYSTEMS LIMITED
and
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
Recommendation No. B.C. 450/91 concerning alleged monies owed.
BACKGROUND:
2. The worker was employed by the Company from May, 1990 to
October, 1991 when her employment was terminated by reason of
redundancy. At the end of October the worker received a cheque
for £573.29, the equivalent of the months' salary which was due to
her. This cheque was stopped by the Company who, when queried,
claimed that the Company had insufficient funds to cover it. The
worker was informed that the Company was unlikely to have the
necessary funds for a few weeks. Eventually the Company
Accountant told the worker that if lodged the cheque would bounce.
The worker referred the issue to the Rights Commissioner for
investigation and recommendation. A Rights Commissioner's hearing
took place on 15th January, 1992 and the following recommendation
issued on 27th January, 1992.
"Recommendation
In the light of the above I recommend that Elstar Computer
Systems should pay to the worker the sum of £573.29".
(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 on 24th February, 1992. The Company did not attend the
Labour Court hearing.
WORKER'S ARGUMENTS:
3. The worker is entitled to her month's salary and despite every
effort she has been unsuccessful in having the monies owed to her
paid. As far as the worker is aware the Company is still in
business.
DECISION:
4. The Court, in the absence of any representation from the
Company, endorses the Rights Commissioners Recommendation. The
Court decides that Rights Commissioners Recommendation should
stand.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
9th March, 1992 Deputy Chairman.
A.NiS./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Aoibheann Ni Shuilleabhain, Court Secretary.