LCR23042

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00044124 (IR-SC-00001043, CA-00054662-003)

BACKGROUND:

The Employer appealed the Adjudication Officer's Decision under Section 13(9) of the Industrial Relations Act 1969 on 4 April 2024. A Labour Court hearing took place on 17 September 2024

DECISION:

The matter before the Court concerns a trade dispute comprised of several elements. The worker contends that, whereas her employment terminated on 6th January 2003, she had not received any wages for the prior two weeks and had received only partial payment for eleven weeks.

The employer did not attend the hearing of the Court albeit she had sought a short notice postponement of the hearing which was refused.

The worker contended that, apart from wages owing to her which were unpaid, she had not received payment for holidays due to her or bank holiday payments. She also submitted that she had been subject to unfounded allegations by the employer.

The Court’s role in this matter is to make a decision based on the merits of the dispute as to how it should be settled.

It is not open to the Court under its industrial relations jurisdiction to adjudicate on alleged breaches of a range of employment statutes by the employer, or to make a declaration that the working conditions under which the worker was employed were unsafe.

In all of the circumstances, the Court recommends that the parties both accept that the employment of the worker came to an entirely unsatisfactory conclusion after 13 satisfactory years. Against that background, the employer should make a payment to the worker of €4,000 as a gesture of goodwill and in full and final settlement of this trade dispute.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
30 September 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.