Labour Court Database __________________________________________________________________________________ File Number: CD93142 Case Number: AD9351 Section / Act: S13(9) Parties: KEHOE CRANE HIRE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's Recommendation No. ST407/92 concerning redundancy compensation.
Recommendation:
5. The Court notes the employer in this case accepts the
Recommendation and has been prepared to implement it.
The Court therefore considers the employer should pay an amount of
#300 immediately and #60 per month thereafter on the 1st day of
the month until the amount of #900 has been discharged.
The Court so decides.
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93142 DECISION NO. AD5193
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: KEHOE CRANE HIRE
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
ST407/92 concerning redundancy compensation.
BACKGROUND:
2. 1. On the 6th January, 1993 the Rights Commissioner
investigated a dispute concerning an alleged breach of an
agreement on redundancy compensation. The Company had paid
the first instalment of #1,500 but had failed to pay the
balance of #900.
2. The Rights Commissioner in ST407/92 recommended:-
"that the employer agree to pay #60 per month by
way of credit transfer mandate to the claimant's
bank account."
The Union appealed this decision to the Labour Court on the
22nd February, 1993 and the Court investigated the matter on
the 4th May, 1993 in Waterford.
UNION'S ARGUMENTS:
3. 1. The employer's financial position is not as bad as he
maintained at the Rights Commissioner's hearing.
2. The employer has purchased a new yacht and a second hand
crane.
COMPANY'S ARGUMENTS:
4. 1. The Company is in a poor financial position.
2. The Company has attempted on a number of occasions to
get details of the claimant's bank account number in order to
pay the #60 per month as recommended by the Rights
Commissioner.
RECOMMENDATION:
5. The Court notes the employer in this case accepts the
Recommendation and has been prepared to implement it.
The Court therefore considers the employer should pay an amount of
#300 immediately and #60 per month thereafter on the 1st day of
the month until the amount of #900 has been discharged.
The Court so decides.
~
Signed on behalf of the Labour Court
24th June, 1993 Tom McGrath
P.O.C./M.H. ------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.