Labour Court Database __________________________________________________________________________________ File Number: CD9261 Case Number: AD92141 Section / Act: S13(9) Parties: A.P.T. INTERNATIONAL - and - A WORKER |
Appeal by a worker against Rights Commissioner's Recommendation B.C. 445/91 concerning alleged unpaid wages due to a worker.
Recommendation:
The Court notes that the Company did not respond to the
invitation to attend the hearing. Having considered the
submission from the appellant the Court is of the view that the
sum of £667 awarded by the Rights Commissioner should be
increased to allow for minimum notice and travel expenses
incurred and not paid.
The Court accordingly recommends that the sum of £667 be
increased to £800.
The Court so decides.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9261 APPEAL DECISION NO. AD14192
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT 1969
PARTIES: A.P.T. INTERNATIONAL
and
A WORKER
SUBJECT:
1. Appeal by a worker against Rights Commissioner's
Recommendation B.C. 445/91 concerning alleged unpaid wages due
to a worker.
BACKGROUND:
2. The worker concerned was employed by the Company as a
secretary/receptionist from 25th March, 1991 to 5th November,
1991. From April to August, 1991 she received her wages of £445
per month, at the end of each month. The Company also provided
for her travelling costs. At the end of September she only
received wages of £60 and was paid the balance in two
instalments by the middle of October. At the end of October she
did not receive her monthly wages. She subsequently received a
£20 payment in November with a promise that the balance due
would be paid. The Company failed to pay the remainder of the
wages due and the worker was informed that she would not be
expected to report for work until the Company could pay her
wages. The worker was subsequently unable to obtain payment of
the wages due. The worker referred the dispute to a Rights
Commissioner who investigated it on 9th January, 1992 and issued
the following recommendation on 20th January, 1992.
"Having investigated the matter and having subjected the
submissions by the claimant to the most careful scrutiny I
am satisfied that the worker is owed by the Company the sum
of £667 after tax has been deducted. I therefore recommend
that this sum be paid to the worker"
(The worker and a Company director were 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 21st February, 1992. The Company did not
make a written submission to the Court, did not attend and
was not represented at the hearing.
WORKER'S ARGUMENTS:
3. 1. The Company concerned is still operating but has
evaded all efforts by the worker to obtain payment of her
wages due. She has been unfairly treated and should be
compensated adequately for her loss.
DECISION:
The Court notes that the Company did not respond to the
invitation to attend the hearing. Having considered the
submission from the appellant the Court is of the view that the
sum of £667 awarded by the Rights Commissioner should be
increased to allow for minimum notice and travel expenses
incurred and not paid.
The Court accordingly recommends that the sum of £667 be
increased to £800.
The Court so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
______________________
9th March, 1992
A.S./N.Ni.M. Deputy Chairman