FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PROCABS - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Conditions of employment.
BACKGROUND:
2. The worker concerned was employed by the Company as a "Base Controller" in its mini-cab business. The worker claims that her employment with the Company was terminated as a result of being "locked-out". She also claims that she is owed one day's pay and has also not received her P45. The worker was employed by the Company for approximately 6 weeks.
The Company denies that there was a "lock-out" and claims that it had to close because of business failure. It was advised by its Accountant that it could not continue to trade because of its financial position. Furthermore, the Company claims that radio equipment used by it was faulty and this had a detrimental effect on the business.
The dispute was referred to the Labour Court, on the 10th of June, 1997, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Court carried out its investigation on the 3rd of September, 1997.
WORKER'S ARGUMENTS:
3. 1. The worker was paid a lower rate of pay for the job than her male colleague doing similar type work.
2. The worker's employment was terminated because of a "lock-out".
3. The Company is still operating using staff from another Company called "Swords Cabs".
4. The Company's radio equipment was tested by Philips and a representative from the Department of Transport & Communications and found it to be in order.
COMPANY'S ARGUMENTS:
4. 1. There was no "lock-out". The operation closed because of business failure.
2. Management endeavoured to obtain alternative employment for the worker, but without success.
3. The worker received all monies due to her up to the time she left the Company.
4. The Accountant advised the Company that it could not continue to trade because of its financial situation.
5. The Department of Transport & Communications tested the "signal" coming into the Company's office and found it to be working properly. However, there was a problem with the equipment itself.
RECOMMENDATION:
The Court having considered all the information supplied by the parties is of the view that the termination of employment while probably necessary, was badly handled.
The Court recommends that the Employer pay the claimant the 1 day's pay outstanding, plus 1 week's pay in lieu of notice and supply her with her P45 immediately.
Signed on behalf of the Labour Court
Finbarr Flood
9th September, 1997______________________
L.W./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.