FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FOUR STAR PIZZA - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Pay claim
BACKGROUND:
2. The worker was employed as a delivery driver from the 23rd November, 2007, until approximately 20th January, 2008. He claims that he was paid €5.00 per hour plus €1.00 per delivery. Payment was in cash and he received no payslips. The worker claims that he received no holiday pay or terms and conditions of employment. He is seeking arrears of pay (€3.65 per hour) and arrears of holiday pay.
The Company did not attend the Court hearing but supplied a written statement to the Court. In it the Company states that the worker was a self-employed contractor from 23rd November, 2007, until 12th January, 2008, when he, along with all other couriers employed by the Company, became a direct employee. At that stage he received his terms and conditions of employment. The Company claims that the worker abruptly left his job on the 24th January, 2008, and believes that his departure was connected with money that went missing the previous day. The Company claims that it hoped to sort out the matter but that the worker did not contact it again since he left his employment.
The worker referred his case to the Labour Court on the 6th March, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th June, 2008, in Cork. The worker agreed to be bound by the Court's recommendation, which is as follows:
RECOMMENDATION:
The Court notes that the employer failed to attend the hearing but did communicate with the Court by letter setting out its position in relation to the claim.
On the uncontradicted evidence of the Claimant the Court is satisfied that he is due moneys in respect of arrears of pay and holiday pay. The Court is further satisfied that the Claimant was not provided with his terms and conditions of employment in writing. It is also clear on the Claimant's evidence that the all the material times he was employed on a contract of service
The Court recommends that the Claimant be paid compensation in the amount €1,300 in full settlement of his claims.
This recommendation is without prejudice to any claims which the Claimant may pursue under relevant employment rights legislation.
Signed on behalf of the Labour Court
Kevin Duffy
20th June, 2008______________________
C O'N.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.