FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CLAN NA MARA TEORANTA TRADING AS AN PORT RESTAURANT - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Non-payment of wages, holiday pay, including double time for Sundays and basic pay for 7 days.
BACKGROUND:
2. The Company, which is reported to be in liquidation, employed the Claimant as a Chef at the restaurant from 25th September 2007 until 13th November, 2007, a total of 8 weeks in all, plus 2 full days the following Christmas in order to facilitate the Management. After which the Worker raised a number of complaints regarding monies owed to him in regard to wages.
On the 21st May, 2008, the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 11th March, 2008.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. There was no written contract of employment furnished by the Company. There was however a verbal agreement that the annual gross salary was € 32,000 p.a. or €615.00 per week gross for a 5 day week.
2. The Sunday premium was never paid although he worked 7 out of the 8 possible Sundays, two full days worked at Christmas were also never paid for.
COMPANY'S ARGUMENTS:
4. 1. The worker was paid in full agreement with the spreadsheet records as evidence, he was also paid for 3 days annual leave which was his correct entitlement.
2. The Worker had an agreement to pay for his accomodation, he currently owes rent to the amount of €1,200.00.
RECOMMENDATION:
The matter before the Court on behalf of one worker concerns his claims regarding non-payment of wages for seven days and payments for working on Sundays. At the hearing the claimant withdrew a claim for payment of three days annual leave.
The claimant sought payment for three Sundays, which he claimed should have been paid at the appropriate Sunday rate (double time) under the Catering Joint Labour Committee (JLC). He also sought payment for 5 Mondays, which he was required to work over and above his roster and an additional 2 days during the Christmas 2007 season, for which he was not paid.
Having given careful consideration to the oral and written submissions made by both parties, the Court recommends that the employer should pay the claimant a sum of
€1230 in full and final settlement of his claims.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th April, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.