FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SHANNON FURNITURE (REPRESENTED BY SWEENEY MCGANN SOLICITORS) - AND - A WORKER (REPRESENTED BY LIMERICK RESOURCE CENTRE) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Holiday entitlement.
BACKGROUND:
2. This dispute concerns the Worker's claims that, during his employment with the Company from 1990-1998 he did not receive his annual leave and public holiday entitlements. The Worker referred this case to the Labour Court on 29th February, 2012, 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 11thOctober, 2012.
WORKER'S ARGUMENTS:
3. 1.The Worker was employed by the Company.
2.The Company deducted PRSI and PAYE from the Worker's wages.
3.The Workerdid not receive his annual leave and public holiday entitlements.
COMPANY'S ARGUMENTS:
4. 1.The Company does not have any records from the period of the Worker's employment.
2.The Company is not in a position to respond to the Worker'sallegations.
3.The Court should not entertain this claim after such a long period of time.
RECOMMENDATION:
The issue before the Court brought under Section 20(1) of the Industrial Relations Act, 1969 and concerns the worker’s claim for outstanding annual leave. The Claimant was employed by the Company from 1990 until 1998 and submitted his claim to the Court on 15thFebruary 2012. The Claimant maintained that during the period of his employment with the Company he did not receive his annual leave and public holiday entitlements. The Claimant sought compensation.
The Employer stated that the Claimant was employed up until around 2000. The Employer denied that the Claimant was due any outstanding annual leave however, he stated that he was not in a position to produce records for the Court due to the length of time which had elapsed since the Claimant had been in its employ.
Having considered the position of both sides the Court does not accept that it is appropriate to adjudicate on a claim made between fourteen and twenty years since the alleged contravention. In such circumstances, the Court does not find in favour of the worker’s claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th November, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.