Labour Court Database __________________________________________________________________________________ File Number: CD934 Case Number: AD9310 Section / Act: S13(9) Parties: FAIRFORD IRELAND - and - A GROUP OF WORKERS;MR. EAMON GILMORE T.D. |
An appeal against Rights Commissioner's Recommendation Numbers C.W. 161/92, 166/92 and 163/92 regarding arrears of wages owed to 4 workers.
Recommendation:
4. The Company did not attend the hearing or submit evidence.
Having considered the evidence presented by the claimants, the
Court decides that the Rights Commissioner's Recommendation should
stand.
Division: Mr Heffernan Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD934 APPEAL DECISION NO. AD1093
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: FAIRFORD IRELAND
and
A GROUP OF WORKERS
(REPRESENTED BY MR. EAMON GILMORE T.D.)
SUBJECT:
1. An appeal against Rights Commissioner's Recommendation Numbers
C.W. 161/92, 166/92 and 163/92 regarding arrears of wages owed to
4 workers.
BACKGROUND:
2. 1. The Company is an English based film Company who employed
31 workers at a film studio from August, 1991 until December,
1991. The 4 workers concerned with the dispute did not
receive wages as follows.
Worker 1 24th October to 5th December, 1991 7 weeks x #175
Worker 2 24th October to 5th December, 1991 7 weeks x #175
Worker 3 22nd October to 27th November, 1991 6 weeks x #173
Worker 4 22nd October to 27th November, 1991 6 weeks x #125.
2. Various attempts were made by the workers to secure the
wages owed to them. The claim was referred to a Rights
Commissioner for investigation and recommendation. Rights
Commissioner's investigations took place on 4th August, 1992
and the Recommendations as follows issued on 18th December,
1992.
"I recommend that the Company offers forthwith and the
workers accept the sums of money* listed as payable in
paragraph 2 in settlement of this dispute.
*The sums of money referred to are as set out in
paragraph 2.1 above".
3. The Company, although represented at the investigation,
did not pay the arrears of wages due. The Recommendations
were appealed to the Labour Court by the workers by letter
dated 7th January, 1993. The Labour Court heard the appeals
on 5th February, 1993. The Company was not represented at the
hearing.
WORKER'S ARGUMENTS:
3. 1. The workers made various efforts to secure their arrears
of wages. The Directors of the Company made excuses about
difficulties in transferring funds etc. until eventually they
discontinued communication with the studio and it closed. The
workers are owed a substantial amount of money through wages
and despite assurances from the Company and its
representatives, they have not been paid. The workers are
seeking for the Rights Commissioner's recommendations to be
confirmed.
DECISION:
4. The Company did not attend the hearing or submit evidence.
Having considered the evidence presented by the claimants, the
Court decides that the Rights Commissioner's Recommendation should
stand.
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Signed on behalf of the Labour Court
Kevin Heffernan
---------------
19th February, 1993. Chairman.
J.F./J.C.