FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JOSEPH FLYNN TRADING AS JOSEPH FLYNN SITE EXCAVATIONS - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged non-payment of wages, notice or overtime.
BACKGROUND:
2. The Worker concerned was employed as a driver for a period of six months during 2006. The Worker alleges that he worked an approximately twelve-hour day Monday to Friday and 4/5 hours on a Saturday . He was paid a basic rate but no overtime.
The Worker further alleges that he was sacked at the end of a 13-hour day when he had run out of fuel and refused to tank-up until the following morning. He received no notice nor pay in lieu of notice.
The Employer failed to attend the Court hearing or send in a submission.
The Worker referred the claim to the Labour Court on the 29th June, 2007, in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 19th October, 2007.
WORKER'S ARGUMENTS:
3. 1.The hours worked by the Worker were in excess of 40 hours per week and no overtime was paid.
2. No notice of dismissal was given to the Worker and no payment in lieu of notice received.
RECOMMENDATION:
It is a matter of concern that the Employer chose not to appear at the Court Hearing.
Based on the uncontested evidence of the Claimant, the Court finds that he was dismissed unfairly, both substantively and procedurally, and awards him compensation of €10,000.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
30th November, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.