FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HARBOUR HOUSE LTD - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Compensation.
BACKGROUND:
2. This case concerns the Worker's claim that his Employer was in breach of the Minimum Wage Act 2000 and S.I. 239 of 2007 Codes of Practice for Protecting Persons Employed in Other People's Homes. The Worker referred his case to the Labour Court on 19th January, 2009, 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 22nd April, 2010.
WORKER'S ARGUMENTS:
3. 1. The Worker claims that he worked over 70 hours per week.
2. The Employer made illegal deductions in respect of accomodation from the Worker's wages.
3.The Worker should be compensated accordingly.
COMPANY'S ARGUMENTS:
4. 1.The Worker is not covered by the terms of S.I. 239 of 2007 Codes of Practice for Protecting Persons Employed in Other People's Homes he was never employed 'in other people's homes'.
2. Furthermore, the Worker ceased employment in November 2006, prior to the coming into effect ofS.I. 239 of 2007.
3.There is no merit to any of the Worker's claims.
RECOMMENDATION:
The Claimant made a number of claims arising from his employment with the Company. These claims relate to matters which come within the ambit of the Minimum Wage Act 2000 and the Codes of Practice for Protecting Persons Employed in Other People's Homes.
The Court notes that the Claimant has taken proceedings against the Company under a range of Employment Rights Statutes, including the Minimum Wage Act 2000 and the Payment of Wages Act 1991. The Court is satisfied that the matters now raised in this claim should have been processed in the earlier proceedings under the appropriate legislation and it unreasonable to raise them now by way of an industrial relations claim.
With regard to the claim based on the Code of Practice, the Court is satisfied that this Code is not applicable to the Claimant's former employment. The Code applies to private dwellings and the Claimant's former employment was a commercial premises.
Having regard to all the circumstances the Court does not recommend concession of the Claimant's claims.
Signed on behalf of the Labour Court
Kevin Duffy
17th June, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.