FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MR JOHN MCGUINNESS T/A M.J.MCGUINNESS & SONS (REPRESENTED BY POE KIELY HOGAN,SOLICITORS) - AND - A WORKER (REPRESENTED BY NORTHSIDE RESOURCE CENTRE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation BC148/96
BACKGROUND:
2. The worker commenced employment as a shop assistant with Mr. McGuinness in September, 1987 and was made redundant on the 2nd December, 1995. The worker claims that the compensation she received was inadequate.
The employer rejects the worker's claim and states that she received all her statutory entitlements. The dispute was the subject of a Rights Commissioner's hearing which took place on the 9th September, 1997. The following is the Rights Commissioner's Recommendation:
" I recommend that Mr McGuinness offers and the worker accepts an extra statutory £700 lump sum payment".
The employer appealed the recommendation to the Labour Court on the 31st October, 1997 in accordance with Section 13 (9) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Kilkenny on the 23rd September, 1998.
WORKER'S ARGUMENTS:
3. 1. The worker is entitled to enhanced redundancy pay in respect of her service with the employer.
2. The worker was a loyal and dedicated employee and claims that she has been treated unfairly by her former employer.
3. The worker's redundancy did not arise as a result of liquidation or receivership of the business. It came as a result of management's decision to cease trading.
COMPANY'S ARGUMENTS:
4. 1. Management had no option but to cease trading as the business had traded at a loss since 1990.
2. Employees were paid in line with the recommended RGDATA rates of pay.
3. Management were able to obtain alternative employment for all employees who were made redundant.
4. The worker has received all her statutory entitlements.
DECISION:
Having considered the submissions of the parties the Court finds that the Recommendation of the Rights Commissioner is reasonable and should be implemented.
In the course of the hearing it became apparent to the Court that further monies may be due to the claimant in respect of payment in lieu of notice and outstanding holiday pay. While these are matters not before the Court, it should be understood that the amount recommended by the Rights Commissioner is exclusive of such payments.
Signed on behalf of the Labour Court
Kevin Duffy
2nd October, 1998______________________
L.W./BCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.