FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CLARE COMMUNITY RADIO HOLDINGS, PLC, TRADING AS CLARE FM (REPRESENTED BY BRIAN M. MCMAHON & ASSOCIATES SOLICITORS) - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Various Issues.
BACKGROUND:
2. The Worker was employed by the Employer from 1989 until 2000. The Worker claims that he was constructively dismissed by the Employer.
The Claimant referred his case to the Labour Court on 17th December, 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 1st of July, 2009.
WORKER'S ARGUMENTS:
3. 1. The Worker received no extra pay for agreeing to work additional hours.
2. The Worker received no pay increase in the ten years prior to his constructive dismissal.
3.The Worker received no extra pay for working Sundays and Public Holidays.
EMPLOYER'S ARGUMENTS:
3. 1. As the Claimant has not been an employee of Clare FM since 2000 no 'trade dispute', per the wording of Section 20(1) of the Industrial Relations Act, 1969 exists between the Claimant and Clare FM.
2. Such has been the extent of the Claimant's abusive campaign against Clare FM it has had to seek the protection of the Garda� and the Circuit Court .
3.The Claimant is engaging in an abuse of due process in an attempt to continue his unreasonable campaign against Clare FM.
RECOMMENDATION:
The matter before the Court concerns a claim made on 15th December 2008 by the Worker, under section 20 (1) of the Industrial Relations Act, 1969, concerning outstanding matters relating to his previous employer including a claim for constructive dismissal. The Worker sought an award of compensation to redress his claims.
The Worker had been employed by the employer from 1989 until he resigned in 2000. He made a number of complaints to the Court concerning his rate of pay going back as far as 1989 and his perception that the employer wished to terminate his employment.
The employer referred to the unspecific nature of the complaints made and denied all allegations made. It also gave details of a campaign of vilification against it, which the Worker engaged in over a period of years from 2001 onwards, resulting in intervention by the Garda� and a Circuit Court Order restraining him from engaging in such activities against the employer.
Having considered the oral and written submissions of the parties, the Court is not satisfied that the Worker has produced any evidence to substantiate his claims. In reaching its conclusion and recommendation in this case the Court notes the lengthy delay in pursuing the claims coupled with the tactics engaged in by the Worker in contrast to the employer’s substantive attempts over the years to resolve this very difficult situation.
The Court is satisfied that there were options available to the Worker to pursue any grievances he may have had through an internal process or in the event of failure to reach agreement at that level through the normal industrial relations procedures. In this case ignorance of both employment law and normal industrial relations processes is not an acceptable excuse. There were organisations/associations available to assist him in his endeavours if he has sought such assistance. The Court cannot accept that he had no other alternative but to engage in a vilification process against his former employer, particularly where the employer had shown on a number of occasions that it was prepared to meet to discuss resolving matters, even up to the point of the Labour Court hearing.
The Court is of the view that there was no substance to ground his complaints and in all the circumstances rejects his claims.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th July, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.