FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BALTINGLASS MEATS LTD - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioners Recommendation IR11867/02/TB.
BACKGROUND:
2. The worker concerned commenced employment with the Company in August, 2002. He ceased employment on the 23rd of September, 2002 having given one days notice. The worker claims that on ceasing employment he was owed one weeks pay by his employer.
The issue was referred to a Rights Commissioner for investigation and recommendation. His decision issued on the 19th of March, 2003 and is as follows:-
" based on the evidence and the details submitted at the hearing I uphold this complaint and award the claimant €700."
The worker appealed the decision of the Rights Commissioner to the Labour Court on the 24th of April, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th of August, 2004.
The Company did not make a submission to the Court and did not attend the appeal hearing.
WORKER'S ARGUMENTS:
3. 1.The Company failed to pay the amount due in wages to the employee.
DECISION:
The Claimant told the Court that he appealed against the recommendation of the Rights Commissioner because the Employer has failed to pay the amount recommended and he wished to have the recommendation made binding.
The Employer failed to attend the hearing and did not furnish the Court with a submission.
Having considered the facts of the case as recited in the recommendation of the Rights Commissioner it is clear that the Claimant was owed 7 days pay at the time he left the employment. The Employer appears to have deducted the value of what was due to the worker because he left without giving notice.
An Employer cannot withhold money properly due and owing to an employee because of a failure to give adequate notice of termination. In any event, on the facts found by the Rights Commissioner, the worker had less than 13 weeks service and was not obliged, by the Minimum Notice and terms of Employment Act 1973 to give one weeks notice of resignation.
The Court upholds the recommendation of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
12th August, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.