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 Research and Consulting Limited (RT Limited) was retained by Trim Castle Hotel Limited (the Hotel) to recruit staff for the new Hotel opening. The worker was appointed as a Senior Sous Chef. He claims that RT Limited promised him a job plus accommodation at the Hotel, and that a similar promise was made to his girlfriend who travelled with him from New Zealand. Whilst he did get the job he was not given accommodation at the Hotel and, in the event, left the job after two days claiming constructive dismissal.
RT Limited's case is that it was not responsible for any of the worker's flights from New Zealand, accommodation was not offered as part of a "package" and there was no offer of a job to his girlfriend. The worker got the job he was seeking at an excellent salary.
The worker referred his 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 his 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.