Labour Court Database __________________________________________________________________________________ File Number: CD91557 Case Number: AD92145 Section / Act: S13(9) Parties: PARADISE MOULDS LIMITED - and - A WORKER |
Appeal by the worker of Rights Commissioner's Recommendation No. BC 193/91 concerning alleged monies owed.
Recommendation:
The Court has considered the submissions made at the appeal and on
balance accepts for the sake of relationships involved, the appeal
was properly before it. Having regard to the facts as submitted it
decides that the Rights Commissioners Recommendation should stand.
Division: Mr O'Connell Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD91557 APPEAL DECISION NO. AD14592
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: PARADISE MOULDS LIMITED
and
A WORKER
SUBJECT:
1. Appeal by the worker of Rights Commissioner's Recommendation No.
BC 193/91 concerning alleged monies owed.
BACKGROUND:
2. The worker concerned commenced employment with the Company as a
salesman in November, 1990. He was supplied with a Company van and
he represented the Company in Dublin and surrounding counties. Sales
of the product were slow and in January, 1991, a Company director
came to Dublin and informed the worker that he was taking the van
back to Donegal for several weeks. The worker agreed to take a
reduction in salary and to use his own car for work purposes until
the van was returned to him. In April, 1991 the worker was informed
by the Company that due to a lack of orders the Company had decided
to close down its Dublin operations. The Company agreed to confirm
in writing that it was terminating his employment and would pay him
all outstanding monies due in respect of salary and expenses. The
worker claims that the date he ceased employment as shown on his P45
was incorrect and that only part of the money due to him was paid
into his bank account. He referred the matter to a Rights
Commissioner for investigation and recommendation. On 10th
September, 1991 the Rights Commissioner recommended as follows:-
"In the light of the above I recommend that the Company pays
to the worker the sum of £388. I understand that the Company
is willing to pay this sum to the worker and I therefore
recommend to him that he represent to his bank the cheque for
£388 already submitted to him from the Company".
The Rights Commissioner's recommendation was rejected by the worker
who appealed it to the Labour Court on 22nd October, 1991 under
Section 13(9) of the Industrial Relations Act, 1969. The Court heard
the appeal on 26th February, 1992. Prior to the hearing the Company
informed the Court it would not be represented at the hearing.
WORKER'S ARGUMENTS:
3. 1. The worker accepted the reduction in salary on the
understanding that the van would be returned to him within a
few weeks and that his salary would at that time revert to the
original amount agreed.
2. The date the Company terminated the worker's employment
was about the 20th April, 1991 and not 15th February, 1991 as
shown on the P45. The date the employment ceased has
implications for social welfare purposes.
3. During the period February, 1991 to April, 1991 the
worker held stock in his house and continued to call on
builders' providers and D.I.Y. stores.
DECISION:
The Court has considered the submissions made at the appeal and on
balance accepts for the sake of relationships involved, the appeal
was properly before it. Having regard to the facts as submitted it
decides that the Rights Commissioners Recommendation should stand.
~
Signed on behalf of the Labour Court
John O'Connell
30th March, 1992 -----------------
F.B/U.S. Deputy Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.