FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DSG RETAIL IRELAND LIMITED - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal of a Recommendation of a Rights Commissioner R-075134-IR-09/RG.
BACKGROUND:
2. DSG Retail Ireland Limited has been operating in Ireland since 1996. The Company operates in the retail sector and has two chains, Currys and PC World. The Company employs some 700 people across the two chains.
The Worker concerned commenced employment with the Company on the 18th October 2006. He resigned his position with the Company following the Rights Commissioner's hearing.
In July 2008 the Worker applied for the position of Specialist. In November 2008 he was informed of his appointment and an announcement was made to the staff in Cork. The Worker did not receive any pay increase following his promotion He spoke with his Manager and with the HR Specialist and was told he would receive the increase in December 2008. There was still no increase in January, February or March 2009.
The Worker referred the matter to the Rights Commissioner for investigation and recommendation. The Rights Commissioner's recommendation issued on the 17th July, 2007 as follows:-
The Claimant was promoted to Specialist in November 2008. The Claimant cannot be held responsible for wrong procedural issues caused by Management and cannot be used as an excuse for then not implementing his promotion.
The Claimant was continuously frustrated in his attempts to secure his pay increase or to receive any explanation as to why the decision in relation to his promotion was reversed.
The Claimant suffered obvious embarrassment in relation to this store colleagues, who had been informed by Management of his promotion to Specialist.
I recommend that the Employer pay the Claimant compensation of €5,000.00 (net) as full and final settlement of his dispute with the Company. This sum to be paid within six weeks of the date of this Recommendation.
The Claimant was named in the Rights Commissioner's recommendation.
The Company appealed the recommendation of the Rights Commissioner to the Labour Court on the 10th August, 2009, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 15th December, 2009.
COMPANY'S ARGUMENTS:
3. 1.The Company maintains that the Worker was not frustrated in his attempts to secure promotion but rather that he refused to engage with the Company in attempting to resolve the issue.
2.The Company apologised to the Worker for failing to inform him of the correct promotion procedures and paid him the difference in pay for four weeks in order to allow him to complete the necessary documentation. The Worker failed to complete the necessary documentation.
3. The Company maintains that it did send a letter to the Worker explaining the Company position and offering him assistance in securing his promotion.
WORKER'S ARGUMENTS:
4. 1.The Worker maintains that following his promotion in October 2008 he did not receive the expected increase in salary and was subsequently informed of the need to complete a period of three months probation.
2. The Worker stated that in February 2009 in a conversation with the HR Specialist he was told he would have to complete three 'one-to one' forms in order to qualify for the promotion.
3. The Worker maintains that he did not receive any difference in pay for four weeks.
DECISION:
The Worker submitted a claim to the Right’s Commissioner concerning the Company treatment of him following his application for promotion. The Right’s Commissioner found in his favour and awarded him the sum of €5000.00 compensation in full and final settlement of his dispute with the Company.
The Employer appealed the Right’s Commissioner Recommendation to this Court.
Having investigated the matter in dispute, the Court is not satisfied that the Company has submitted any evidence to mitigate its actions and therefore it concurs with the findings of the Rights Commissioner. In all the circumstances of this case the Court rejects the Company’s appeal and upholds the Right’s Commissioner Recommendation. The Court decides that the Company should pay the sum of €5000.00 compensation to the Worker concerned within a period of six weeks from the date of this Decision (no element of the compensation is for loss of earnings).
Signed on behalf of the Labour Court
Caroline Jenkinson
21st December, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.