FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TEMPLE ENTERTAINMENT LTD - AND - A WORKER (REPRESENTED BY MANDATE TRADE UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR13559/03/TB.
BACKGROUND:
2. The worker concerned was employed by the Company from August, 2001 to November, 2002.
In January, 2002 an increase of 5.5% was due to the worker under the Programme for Prosperity and Fairness. The Company failed to apply the increase.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 18th of September, 2003 and is as follows:-
"I recommend that this matter be the subject of discussion between the Union and the employer."
The Union appealed the recommendation to the Labour Court on the 30th of October, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 24th of March, 2004.
UNION'S ARGUMENTS:
3. 1. The employer refused to pay the increase when approached by the worker onthis matter.
COMPANY'S ARGUMENTS:
4. 1. The Company is unable to pay the worker the increase .The Company ceased to trade in September, 2003.
DECISION:
The Rights Commissioner recommended that discussions should take place between the parties in relation to this claim.
No discussions took place.
Based on the information before it the Court is satisfied that increases due under the Programme for Prosperity and Fairness were not paid to the claimant.
The Court therefore recommends that the employer pay the claimant €1,064.80 in settlement of this claim.
The Court upholds the appeal.
Signed on behalf of the Labour Court
Finbarr Flood
5th May, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.