FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KTECH SECURITY - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Contract / working hours.
BACKGROUND:
2. The case before the Court concerns a claim by the Worker that his initial contract of employment entitled him to be paid for forty hours' work per week. The issues in dispute had previously been the subject of a Labour Court hearing and the Court issued its Recommendation (LCR 21096) on the issues. The Court's Recommendation provided that if the parties could not reach agreement, the Court would make a definitive Recommendation. As an agreement could not be reached the parties requested a definitive Recommendation.
RECOMMENDATION:
The Court has considered in detail the written and oral submissions of the parties.
The Court notes with disappointment the failure of the parties to engage at all following the issue of its Recommendation LCR21096.
This case is characterised by conflict as regards matters of fact and in particular as regards (a) the fact of whether payment was made during a period of suspension and (b) the reasons behind the failure of the claimant to take up available work when offered during the disputed period.
In all of the circumstances of the case the Court recommends that:
•The company pay to the claimant a sum of €500 as a gesture of goodwill and in final resolution of all claims relating to working hours and all other matters put before the Court.
•The claimant agree that the employer’s capacity to offer work to the claimant is restricted to the amount of work available in locations where the claimant is willing or able to work.
.The claimant accept that the employer can only be expected to make payment in respect of hours actually worked by the claimant.
Signed on behalf of the Labour Court
Kevin Foley
CO'R______________________
7 June 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.