FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LISLOUGHREY LODGE HOTEL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Meal allowance/ terms and conditions of employment
BACKGROUND:
2. This case concerns a dispute between the worker and his employer in relation to issues that previously occurred in the course of his employment. The worker contends that he had not been provided with the appropriate breaks and food during his shifts despite deductions having been made from his pay in respect of these provisions. He also claims that there were other interpersonal difficulties that had occurred but that in recent times, following the installation of new management, there had been significant improvements on these issues. On the 20th August 2013 the worker referred the outstanding matters to the Labour Court 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 20th March 2014. The employer was notified of the date and time of the hearing but did not attend and was not represented. The following is the Court's Recommendation:
RECOMMENDATION:
The case before the Court related to a number of claims by the Claimant concerning his terms and conditions of employment. The Claimant told the Court that while there were a number of workplace issues of concern which he had raised with management, the situation had now changed as the Lodge was under new management and therefore the work environment had improved considerably.
Having considered the Claimant’s oral and written submissions, the Court recommends that in order to address the Claimant’s outstanding claims, Management should furnish him with a written contract of employment setting out his hours of work, rate of pay, details of premium payments where applicable, details of any deductions made from his pay in respect of meals provided and other appropriate details of his terms and conditions of employment. The Court also recommends that the Claimant should be given details of any training opportunities available and of any suitable job opportunities within the organisation.
The Court recommends that this contract of employment and further details should be furnished within a period of four weeks from the date of this Recommendation.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th April 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.