FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GARY CUNNINGHAM T/A FRENCON LTD - AND - A WORKER (REPRESENTED BY BUILDING AND ALLIED TRADES UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR14314/03/GF.
BACKGROUND:
2. The worker was employed as a carpenter by the Employer for a period of 6 months from June to December, 2002. The worker claimed that the Employer owed him monies for arrears of wages, travel time and notice.
The issue was referred to a Rights Commissioner for investigation and recommendation. The Employer failed to attend the Rights Commissioner hearing. The Rights Commissioner advised that the Employer pay the amount claimed by the worker.
The Employer appealed the recommendation of the Rights Commissioner to the Labour Court on the 26th November, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A hearing scheduled for the 24th June 2004 was adjourned as the employer was unable to attend at that time.
A Labour Court hearing took place on the 17th August, 2004.
The Employer failed to attend the hearing or present a submission to the Court.
DECISION:
The Employer appealed the Rights Commissioner's recommendation. On the basis of an application by the Employer, the original hearing scheduled for 24th June 2004 was adjourned to facilitate the attendance of the Employer. A new date for a hearing was notified to the Employer. The Employer failed to attend the rescheduled hearing.
As the Employer was not in Court to move his appeal, therefore, the Court decides that the Rights Commissioner's recommendation is upheld.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th August, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.