LCR22458

FULL RECOMMENDATION

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

THE FITZGERALD GROUP/ PALMERSTOWN HOUSE


- AND -

A WORKER

DIVISION :

SUBJECT:

1.Discrimination And Payment including Holiday Pay.

BACKGROUND:

2.On the 8 January 2021, the Worker referred the dispute 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 the 25 August 2021.

SUMMARY OF WORKER ARGUMENTS:

The Worker did not receive money that was payable to him.


SUMMARY OF EMPLOYER ARGUMENTS:

The Worker received all payments due to him, (details provided to the Court).

RECOMMENDATION:

It became apparent to the Court at the hearing that there were matters which had not been discussed between the Worker and the Employer.

The Court recommends that such discussions take place at an early date.

S.20(1) of the Industrial Relations Act, 1969, under which this claim has been referred, was never intended to be used to deal with issues of employment law. The Court makes no observations regarding the rights and wrongs of the issues raised but is obliged to note its concern about being asked to exercise its authority under s. 20(1) regarding matters which appear to be matters for determination under employment law.

NOTE

Enquiries concerning this Recommendation should be addressed to Shane Lyons, Court Secretary.