FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KERRY AIRPORT CATERING LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Compensation for the non-payment and the payment of Public Holidays.
BACKGROUND:
2. The Company operates the bar and catering facilities at Kerry Airport. This dispute concerns a claim by nine Workers that they did not receive payment for Public Holidays in 2007. The Union referred this case on behalf of the Workers to the Labour Court on 18th September, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Union agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 15th July, 2009. The Company failed to attend the Labour Court hearing.
UNION'S ARGUMENTS:
3. 1. There were nine Public Holidays in 2007.
2. The nine Workers did not receive payment for these Public Holidays.
3.The Company has refused to sort this matter out.
RECOMMENDATION:
The employer failed to attend the hearing or to otherwise communicate with the Court in relation to the Union’s claim. The Court regards it as regrettable that the Employer failed to avail of the opportunity to explain its version of the events giving rise to the claim.
On the uncontested evidence submitted by the Union the Court is satisfied that the Claimants were deprived of their statutory entitlements in respect of Public Holiday in the year 2007. The Union is now claiming nine days' pay for each of the Claimants by way of compensation.
The Court is satisfied that the claim is well-founded. It recommends that the Employer pay each of the Claimants nine days' pay at the daily rate applicable to them at the relevant time.
Signed on behalf of the Labour Court
Kevin Duffy
30th July, 2009______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.