FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CONTRACT GLAZING COMPANY LTD - AND - A WORKER (REPRESENTED BY AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation IR1145702/02/GF.
BACKGROUND:
2. The issue involves a claim by the worker who was employed by the Company during 2001. The Company was experiencing some financial difficulties and the worker agreed to work for 3½week period without pay on the understanding that when the situation improved he would receive the full payment due to him €1,500. The Company refused to honour their committment. The matter was referred to a Rights Commissioner for investigation and recommendation. At the hearing the Company agreed to pay the worker €1,000 in full and final settlement. On the 21st May, 2003, the Rights Commissioner issued his recommendation as follows:
- “The respondent failed to honour the commitment. I decide this complaint was well founded and I require the respondent to pay the amount“.
The Company failed to honour its commitment and on the 20th June, 2003 the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 23rd September, 2004.
3.1 The Company has acted in bad faith by not honouring a firm commitment to pay €1,000 following an agreement with the parties.
2. Following the failure to honour the commitment, the Union are seeking payment of the full amount €1,500.
3. The Company has recently paid €400, leaving a balance of €1,100.
COMPANY'S ARGUMENTS:
4.1 The Company is no longer in operation, it ceased trading in January 2003.
2. Bank accounts and all payments due to the Company were seized by the Revenue Commissioners.
3. The Company was forced to close by the Bank with losses of €15,000.
DECISION:
The Court, having heard the submissions of the parties, upholds the Union's appeal and awards the claimant the sum of €1,100, being the balance of wages due to him.
Signed on behalf of the Labour Court
Raymond McGee
4th October, 2004______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.