FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ULTRA SECURE LTD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Harassment /Compensation.
BACKGROUND:
2. The dispute before the Court concerns a worker formerly employed by the Company who claims that over a period of time the Company deliberately and systematically singled him out for negative treatment by not paying his wages on time. The Union claims that this constituted less favourable treatment and was tantamount to harassment. The Union claims that due to the worker's personal circumstances this treatment by the Company caused him considerable distress and anxiety.
The worker referred his claim to the Labour Court on the 11th September, 2006 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The Employer failed to attend the hearing and no communication was received from him in relation to the claim. A Labour Court hearing took place on the 19th January, 2007.
UNION'S ARGUMENTS:
3.1 The worker claims that his conditions of employment included being paid weekly by electronic transfer directly into his bank account each Friday. On a number of occasions between May, 2006 and October, 2006 his salary was not transferred on time. Due to his personal circumstances this caused him considerable grief and aggravation.
2. On one or two occasions he was not paid until the following Monday or Tuesday. The worker claims that he informed management of this but to no avail.
3. The behaviour by the Company was totally unacceptable and the worker is seeking an appropriate degree of compensation to reflect his distress, anxiety and aggravation.
RECOMMENDATION:
The Court regrets that the Employer failed to attend the hearing or otherwise communicate with it in relation to the claim.
On the uncontradicted submission of the Union, the Court is satisfied that the Employer caused the Claimant considerable inconvenience and aggravation by its failure to pay wages on time. This amounted to a breach by the Employer of one of its fundamental obligation to the Claimant.
In the circumstances the Court recommends that the Employer pay the Claimant compensation in the amount of €500 in settlement of his claim.
Signed on behalf of the Labour Court
Kevin Duffy
23rd January, 2007______________________
JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.