Labour Court Database __________________________________________________________________________________ File Number: CD93451 Case Number: AD9372 Section / Act: S13(9) Parties: J D COMPUTERS LIMITED - and - MANUFACTURING SCIENCE FINANCE |
Appeal by the Union against Rights Commissioner's recommendation No. B.C. 99/93.
Recommendation:
5. The Court having heard the written and verbal statements of
the two parties, considers that there is merit in the employee's
appeal as it relates to holiday pay.
Accordingly the Court amends the Rights Commissioner's
recommendation to the extent of payment to the appellant of four
days holiday pay i.e. #112.
The Court was informed that the appellant had purchased a
replacement disc. He should therefore on production of a receipt
be re-imbursed the amount so expended.
In all other respects the Court upholds the recommendation of the
Rights Commissioner.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93451 APPEAL DECISION NO. AD7293
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: J D COMPUTERS LIMITED
(REPRESENTED BY PATRICK O'TOOLE, SOLICITOR)
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
recommendation No. B.C. 99/93.
BACKGROUND:
2. The worker concerned commenced employment with the Company on
the 21st October, 1991 and was based at the Marble Computer Centre
in Kilkenny. His weekly wage was #140 and payment was made by way
of cheque. Following the closure of the Marble Computer Centre
the worker's employment was terminated on 20th November, 1992.
The Union subsequently claimed that the worker was owed monies in
relation to underpayment of wages, unpaid annual leave,
replacement of computer hard disc and controller, payment for use
of computer and loss of software and data. The Union referred the
dispute to a Rights Commissioner for investigation and
recommendation. On the 17th June, 1993 the Rights Commissioner
issued his recommendation as follows:
"1. The worker to receive payment of #200 by way of monies
outstanding to him following the dishonouring of some
cheques.
2. I believe that the worker should take up the offer from
the Company to replace the hard disc and controller.
3. With regard to holidays I am not persuaded that the
worker is due any holiday payment from the employer since
he had already taken holidays at an earlier time.
I am glad to note that the worker has now secured
employment from the 15/3/93".
(The worker was named in the Rights Commissioner's
recommendation).
On the 27th July, 1993 the Union appealed the Rights
Commissioner's recommendation to the Labour Court under Section
13(9) of the Industrial Relations Act, 1969. The Court heard the
appeal on the 9th September, 1993.
UNION'S ARGUMENTS:
3. 1. The worker loaned his computer to the Company for a
demonstration lasting two weeks. It was damaged when
returned with programme and personal data lost. While the
Company offered to replace the disc there was no reimbursement
for time lost re-creating data and no payment for the
inconvenience of being without the computer while on loan to
the Company.
2. The worker received #220 in respect of wages for the last
three weeks of the employment as opposed to #420. He was due
19.50 days annual leave but only received payment for 11.50 days.
3. The Rights Commissioner's recommendation of #200 in lieu
of lost wages is inadequate. He gave no consideration to time
and work lost as a result of damage to the computer and
ignored outstanding holidays.
COMPANY'S ARGUMENTS:
4. 1. The Company treated the worker in a fair and reasonable
manner during the period of his employment. Management has
accepted the Rights Commissioner's recommendation and is
agreeable to implement it in full in relation to monies
outstanding due to wages, replacement of hard disc and
controller. The worker received three weeks holidays with pay
and is not due further payments in relation to holidays.
DECISION:
5. The Court having heard the written and verbal statements of
the two parties, considers that there is merit in the employee's
appeal as it relates to holiday pay.
Accordingly the Court amends the Rights Commissioner's
recommendation to the extent of payment to the appellant of four
days holiday pay i.e. #112.
The Court was informed that the appellant had purchased a
replacement disc. He should therefore on production of a receipt
be re-imbursed the amount so expended.
In all other respects the Court upholds the recommendation of the
Rights Commissioner.
~
Signed on behalf of the Labour Court
Evelyn Owens
____________________
16th September, 1993. Deputy Chairman.
T.O'D./J.C.