FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : C JENNINGS (CRAUGHWELL) LIMITED - AND - A WORKER (REPRESENTED BY CORMAC MCCARTHY SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. 1. Alleged unfair dismissal 2. Non payment of holiday pay.
BACKGROUND:
2. The Claimant was employed as a Manager in a retail store in Craughwell, Co. Galway from June, 2004, until termination of his employment in April, 2005 under new ownership. The Claimant contends that the new owners, C. Jennings (Craughwell) Limited, terminated his employment following purchase of the store. The Worker's position is he was entitled to retain his position in the store and is currently seeking Holiday Pay, which he claims he is entitled to and that under a Transfer of Undertakings the new owner is liable for any unpaid Holidays.
- The Employer contends that there was no position available for the Claimant, in a managerial capacity, and therefore he would have no option but to terminate his employment. The Employer contends that Regulation 5(2) allowed for termination in such circumstances. The Employer's position in relation to Holiday pay is that there are no monies owing as the previous employer would have paid these.
- On the 23rd March, 2006, the Workerreferred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 7th June, 2006.
The Worker agreed to be bound by the Court’s Recommendation.
- On the 23rd March, 2006, the Workerreferred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 7th June, 2006.
RECOMMENDATION:
The parties are agreed that the Transfer of Undertakings Regulation applied to the various transfers of the business. In these circumstances the current owner of the business is liable for any outstanding monies due to the Claimant arising from his employment at the store.
While there is some uncertainty in relation to the precise amount due and owing to the claimant, and in the absence of any records, the Court recommends that the Employer pay to the Claimant a sum of €2,000 in full and final settlement of all outstanding claims.
Signed on behalf of the Labour Court
Kevin Duffy
14th_June, 2006______________________
JO'CChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.