FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATURA JOINERY LTD - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Money owed under Employment Contract
BACKGROUND:
2. This case concerns a worker who was employed by Natura Joinery Limited, an Irish subsidiary of the Polish Company Natura SPJ. The worker contends that his contract of employment included a provision that if he were to cease employment with the Company, he would be paid €10,000 compensation for agreeing not to begin employment with any competitor company for a six month period.
The worker contends that he complied with this contract provision when his employment ceased but to date has only been paid €5000.
On the 17th December 2008, the worker referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 1st July, 2009.
The Company did not attend the Court hearing and did not submit any correspondence in relation to the case.
WORKER'S ARGUMENTS:
3 The worker complied with his contract of employment and did not become employed by any competitor within the contracted six month period. The employer, however, has breached the contract on the basis that only half of the agreed compensation has been paid.
RECOMMENDATION:
On the uncontested evidence of the claimant, the Court recommends that the Company pay to him the sum of €5000 still due under the terms of his contract.
Signed on behalf of the Labour Court
Raymond McGee
10thJuly 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.