FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AMERICAN AIRLINES, INC TRADING AS AMERICAN AIRLINES (REPRESENTED BY A & L GOODBODY SOLICITORS) - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Loss of Income.
BACKGROUND:
2. This dispute concerns the Worker's claim for unauthorised deductions of her salary and loss of income. The Worker referred this case to the Labour Court on 17th September, 2015, 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 19th November, 2015.
WORKER'S ARGUMENTS:
3.1. The Worker accepted the role with the Company based on the original offer made to her.
2. To reduce a person's pay by 35% is just unacceptable.
COMPANY'S ARGUMENTS:
4.1. The contract was sent to the Worker in error as it was a contract for a full time employee working 37.5 hours per week, over 5 days a week at 7 hours per day.
2. Before the Worker commenced her employment, the error was identified.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim on behalf of a Claimant of unauthorised deductions of salary and loss of income.
Having considered the submissions of both parties the Court notes that a number of errors occurred around the time the Claimant was employed by the Company and subsequently. Difficulties arose concerning incorrect information regarding the salary on offer to her for the job; different contracts of employment being issued with conflicting information; incorrect payments being made and deductions made after three months from the Claimant’s pay. This had the effect of causing confusion and misunderstandings for the Claimant and ultimately led to her resignation. Management explained that these difficulties arose at a time when the Company was undergoing reorganisation as a result of a merger.
In all the circumstances of this case, the Court recommends that the Company should pay the Claimant compensation in the sum of €2,000 for the difficulties caused and should not seek reimbursement of any further monies owed, which sum should be accepted in full and final settlement of all claims against the Company.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CO'R______________________
30th November 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.