FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE OLD GOLD COMPANY LTD - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner R-067787-Ir-08/Jt
BACKGROUND:
2. The dispute before the Court concerns a claim by the Worker that she is owed outstanding monies by the Company. The Worker was employed with the Company from August 2007 until July 2008 as a Sales person working one day per week. The Worker contends that monies are owed to her in respect of unpaid bonuses and the fact that she was let go without the appropriate one week's notice. The Company's position is that all bonuses due to the Worker were paid.The matter was referred to a Rights Commissioner for investigation and recommendation. On the 11th June, 2009, the Rights Commissioner issued the following Recommendation:-
" I have considered the submission of the claimant. As there was an unexplained absence of the respondent I accept the uncontested evidence of the claimant. I therefore find her claim well founded and award her €202 in regard to bonus commission and a further €70 in regard to notice. I therefore award the claimant a total of €272"
On the 30th June, 2009, the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.A Labour Court hearing took place on the 29th October, 2009, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1 The Worker is owed unpaid commission for items she sold while in the employment of the Company.
2 The Worker did not receive any notice when she was let go by the Company.
COMPANY'S ARGUMENTS:
4. 1 The Company paid the Worker a bonus on every item sold where it was applicable.
2 The Worker recieved all monies owed to her.
DECISION:
This is an appeal by the employer of a Rights Commissioner’s Recommendation which found in favour of the claimant’s claim for outstanding monies due in respect of unpaid bonus during the period of her employment and secondly one week’s pay in lieu of notice. The Rights Commissioner’s awarded her the sum of €272.
The Court has considered the positions of both parties and has concluded that no evidence has been presented to overturn the Rights Commissioner’s findings and recommendation; the Court therefore upholds the Rights Commissioner’s Recommendation and rejects the employer’s appeal.
Accordingly, the Court decides that the employer should pay the sum of €272 to the claimant within four week’s from the date of this Decision.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th July, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.