FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RT TRAINING RESEARCH & CONSULTING LIMITED - AND - A WORKER (REPRESENTED BY DOYLES SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Alleged failure to provide employment on agreed terms
BACKGROUND:
2. RT Training , Research and Consulting Limited (RT Limited) was retained by Trim Castle Hotel Limited (the Hotel) to recruit staff for the new Hotel's opening. The claimant, whose boyfriend was appointed as a Senior Sous Chef in the Hotel, claims that she was promised a job and accommodation at the Hotel by RT Limited. In the event neither of these transpired although she did apply for a job as a receptionist but was unsuccessful. The claimant maintains that she suffered serious financial loss as a result of flying from New Zealand for the job as promised.
RT Limited's case is that it was not responsible for any of the worker's flights from New Zealand. There was no promise to her of any kind of a job or accommodation.
The worker referred her case to the Labour Court on the 19th July, 2007, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th January, 2008. The following is the Court's recommendation:
RECOMMENDATION:
The claim before the Court was submitted under section 20(1) of the Industrial Relations Act, 1969.
The Court is satisfied that the claim does not constitute a “trade dispute” within the meaning of the Industrial Relations Acts, as there was no employment relationship between the RT Training Research & Consulting Limited and the worker. This position was accepted by the worker's legal representative on her behalf.
Therefore, the Court did not proceed to hear the case.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th February, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.