FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GL�R IRISH MUSIC CENTRE LIMITED AND CLARE COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged non-payment of sick leave and maternity leave.
BACKGROUND:
2. The Worker has been in the same employment since 31st August 2001 originally as an Office Administrator and later as a Programming Manager.
Issues arose regarding which of two possible employers is in fact her actual employer after she took maternity and sick leave and failed to get the benefits she expected. The Union contends that Clare County Council was and still is her employer and that therefore she is entitled to a substantial payment of arrears due. However, the Respondents are of the opinion that Gl�r Irish Music Centre Ltd. has always been her employer and she is due no arrears as she was paid as per Company rules.
The claim could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. The Worker referred her claim to the Labour Court on the 5th December, 2006, 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 5th September, 2007.
UNION'S ARGUMENTS:
3 1. When the Worker started her employment in August 2001 Gl�r Irish Music Centre Ltd. had not yet been established while all of her pay-slips were issued through the Clare County Council pay-roll system.
2. When Gl�r Irish Music Centre Ltd. was set up as a separate entity the Worker was entitled, if necessary, to transfer all her entitlements and existing terms from Clare County Council.
COMPANY'S ARGUMENTS:4. 1. The position was clearly advertised in the National Press that Gl�r was looking for applicants for 'Office Assistant'.2. The Worker was paid in accordance with Company rules, as have all other
members of staff past and present.
RECOMMENDATION:
The case before the Court concerns a claim by the Union on behalf of a Worker for payment while on maternity leave and on sick leave during periods in 2005 - 2007. Central to the case is the question of who is her employer. The Union on behalf of the Worker submitted that Clare County Council is her employer while on the other hand both Respondents were of the view that Gl�r Irish Music Limited is her employer.
Having carefully examined the submissions of both sides, the Court is satisfied that the Worker has failed to establish that Clare County Council is her employer. Furthermore, the Court is satisfied that Gl�r Irish Music Centre Limited has been her employer since the commencement of her employment in August 2001.
Accordingly, having examined the maternity leave and sick leave policies of Gl�r Irish Music Centre Limited, the Court is satisfied that the schemes have been correctly applied to her. Therefore, the Court does not find in favour of the Worker's claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th October, 2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.