FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PATRICK MCCABE TRADING AS TRANSPEED - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Failed to procees P45, 7 days' pay, 4 nights' shift pay, holiday pay, 2 weeks' notice pay, no written contract and no payslips.
BACKGROUND:
2. This dispute concerns a number of claims made by the Worker against the Employer. The Worker referred this case to the Labour Court on the 25th of September, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 22nd of January, 2009. The Employer did not attend the hearing but he made a written submission to the Court.
WORKER'S ARGUMENTS:
3. 1. The Employer failed to pay the Worker a night duty payment of €30.00 per night.
2. The Worker received no holiday pay nor two week's notice of termination of employment.
3.The Worker did not receive a written contract of employment.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker was not required to work night shifts.
2. The Worker was not in employment long enough to be entitled to either holiday pay or notice of termination of employment.
3.The Worker was not in employment long enough to be entitled to a written contract of employment.
RECOMMENDATION:
The matter before the Court under Section 20(1) of the Industrial Relations Act, 1969, concerns a number of claims submitted by the worker. He clarified for the Court that as he had received his P45, 2 payslips and a cheque for seven days' payment (€740.00) post his termination date, his claims relating to these issues were no longer before the Court.
The Employer could not attend the hearing; he did submit a written submission, which the Court has taken into consideration, along with the oral submission of the Claimant.
The Court recommends the following on the claims still outstanding:
Night Duty Payment
The Worker sought a night duty payment of €30.00 per night in respect of four nights (22nd, 23rd, 29th July and 6th August 2008) when he was required to sleep in the cab of his truck.
The Court recommends that the Employer should pay the sum of €120.00 in respect of the night duty payment.
Holiday Pay
As the Worker was in employment for approximately one month, the Court recommends that he should be paid a sum of €200.00 in respect of holiday payments due.
2 Weeks' Notice
The Court does not recommend in favour of this claim, as the Worker had no statutory entitlement to notice due to his short period of service.
No Written Contract
The Court does not recommend in favour of this claim as the Worker had no statutory entitlement to a written contract due to his short period of service.
In Conclusion
The Court recommends that the Employer should pay the Worker the total sum of €320.00 in full and final settlement of all claims referred to the Court under Section 20(1) of the Industrial Relations Act, 1969.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th February, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.