Labour Court Database __________________________________________________________________________________ File Number: CD94559 Case Number: LCR14659 Section / Act: S20(1) Parties: FOLEY'S PUBLIC HOUSE - and - A WORKER |
Alleged unfair dismissal.
Recommendation:
The employer did not attend the Court. In the absence of the
employer, the only evidence before the Court was that of the
claimant.
The Court is satisfied that the claimant was not provided with a
copy of terms or conditions attached to her employment or her rate
of pay.
In view of the abusive and unreasonable treatment of the claimant
by the employer, the Court recommends the payment of #30 be made
by the employer to the claimant in full and final settlement of
her claim.
In arriving at this figure the Court took into account the short
time the claimant was employed.
The Court so recommends.
Division: Mr Flood Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94559 RECOMMENDATION NO. LCR14659
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
FOLEY'S PUBLIC HOUSE
AND
A WORKER
SUBJECT:
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker was employed to work as a part-time waitress (from
12.00 a.m. to 3.00 p.m.) on 7th May, 1994. Whilst carrying
out her duties she informed management that there was no
clean cutlery or dishes left. She was told to clean dirty
ones. The worker informed management that there was no
washing-up liquid and claims that the manager became abusive
to her. She enquired of the manager what wages she would
receive and claims that he was again abusive. The manager
then asked her to leave.
The dispute was referred to the Rights Commissioner under the
Payment of Wages Act, 1991. The worker was awarded payment
for the time worked. The dispute was then referred to the
Labour Court under Section 20(1) of the Industrial Relations
Act, 1969 on 25th October, 1994. A Labour Court hearing took
place on 11th January, 1995. The Company did not attend the
hearing.
WORKER'S ARGUMENTS:
3. 1. The worker was hired as a part-time waitress. Her
duties did not include washing dishes. She had worked
in a number of public houses before and knew her duties.
She was informed by the owner's wife on 6th May, 1994,
that she would be told about her wages the following
day. This did not happen.
2. The manager was abusive to the worker on a number of
occasions, making vulgar and sexists remarks. The
worker was humiliated by his behaviour.
RECOMMENDATION:
The employer did not attend the Court. In the absence of the
employer, the only evidence before the Court was that of the
claimant.
The Court is satisfied that the claimant was not provided with a
copy of terms or conditions attached to her employment or her rate
of pay.
In view of the abusive and unreasonable treatment of the claimant
by the employer, the Court recommends the payment of #30 be made
by the employer to the claimant in full and final settlement of
her claim.
In arriving at this figure the Court took into account the short
time the claimant was employed.
The Court so recommends.
~
Signed on behalf of the Labour Court
17th January, 1995 Finbarr Flood
C.O'N./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.