FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BALLINALARD TRANSPORT LIMITED - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Constructive Dismissal.
BACKGROUND:
2. This dispute concerns the Worker's claim for constructive dismissal. The Worker referred this case to the Labour Court on the 25th July, 2011, 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 the 6thMarch, 2013.
WORKER'S ARGUMENTS:
3. 1.The Worker was denied his statutory entitlements to holidays and Sunday pay.
2.The Employer made unauthorised deductions from the Worker's wages.
3.The Worker had no other option but to terminate his employment and take a constructive dismissal case.
COMPANY'S ARGUMENTS:
4. 1.The Worker was paid in accordance with the terms of his contract of employment.
2.His holiday pay was offset against other monies he owed the Company.
3.The Worker did not invoke the formal grievance procedure.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
In all the circumstances of this case the Court does not recommend concession of the Worker's claim.
Signed on behalf of the Labour Court
Brendan Hayes
14th May, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.