FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CAULFIELD & SINNOTT LTD T/A CENTRA SHOP & SERVICE STATION - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation R-044720-IR-06/JC.
BACKGROUND:
2. The Worker was employed as a Sales Assistant in the Centra shop from 31st January, 2006. In May 2006 the current owner took over the business. The Worker was dismissed on 30th July, 2006.
The Worker maintained that she worked every Sunday and did not receive Sunday Premium, that she worked a 48-hour week and was not paid for all hours worked and that she was paid below the statutory minimum rate for the retail sector.
The Company state that no notice was given as she was going on holiday. The Company inadvertently failed to pay the Worker in lieu of notice and rectified this once they became aware of the situation.
The issues were referred to a Rights Commissioner for investigation and recommendation. Her recommendation issued on the 30th July, 2007 as follows:-
"I recommend payment by the respondent of the total sum of compensation outlined above i.e. €1,200 (gross) in full and final settlement of this claim."
The Worker appealed the Recommendation to the Labour Court on the 9th March, 2007, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 31st October, 2007.
WORKER'S ARGUMENTS:
3. 1. The Worker maintains that the amount of compensation due to her should have been €1000 net and not €1,200 gross as awarded by the Rights Commissioner.
2. The Worker maintains that she should have been paid double-time for Sunday work and that she is also due a week's pay for training during her first week of employment.
COMPANY'S ARGUMENTS:
4. 1. The Company maintains that the Worker, in accepting the cheque for €800 net,
(€1,200 gross) has accepted the recommendation of the Rights Commissioner.
2. The Company paid the Worker time and one-third for Sunday work as prescribed in the Registered Employment Agreement for the Retail Trade.
3. The Company paid the Worker for all hours worked as detailed in the work roster.
DECISION:
The claim before the Court concerns the Worker's appeal of a Rights Commissioner's recommendation, which found in favour of her claims and awarded her €1,200 compensation in respect of her claims for annual leave payments, unfair dismissal and one week's notice.
The Worker appealed the recommendation on the basis that the level of compensation awarded was inadequate and that she was not appropriately paid for Sunday work, overtime hours, and a week in arrears due from a previous employer prior to the transfer of the business.
The Employer presented detailed payslips showing payments made to the Appellant.
This information outlined in detail the payments made in respect of Sunday work which clearly shows that the appropriate premium was paid for working on a Sunday and overtime hours were paid at the appropriate premium rates. Following the hearing the Company confirmed for the Court that the week in arrears due to the appellant was paid on the 20th November, 2007.
Having considered the oral and written submissions of the parties, the Court concurs with the findings and recommendation of the Rights Commissioner and upholds his decision. Therefore the Court does not recommend in favour of any increase in the
€1,200 already awarded by the Rights Commissioner.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th November, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.