Labour Court Database __________________________________________________________________________________ File Number: CD92455 Case Number: AD92205 Section / Act: S13(9) Parties: RADFORD COMMUNICATIONS LIMITED - and - A WORKER |
Appeal against Rights Commissioner's recommendation B.C. 11/92 concerning alleged money owed.
Recommendation:
5. The Court having heard the views expressed by the claimant in
his oral and written submissions finds the manner in which this
worker has been treated by the employers concerned totally
unacceptable.
It is the decision of the Court that the recommendation of the
Rights Commissioner should be implemented immediately and that the
complainant be paid the sum of #490 and that he be provided with
his P.45.
The Court so decides.
Division: MrMcGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92455 APPEAL DECISION NO. AD20592
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: RADFORD COMMUNICATIONS LIMITED
and
A WORKER
SUBJECT:
1. Appeal against Rights Commissioner's recommendation B.C.
11/92 concerning alleged money owed.
BACKGROUND:
2. 1. The worker was employed by the Company as a labourer for 2
periods in 1991. His wage after tax and P.R.S.I. deductions
was #180 per week. The Company ceased to trade in November,
1991, and the worker claimed that he was owed outstanding
wages as follows:
#
A week's wage in arrears 180
The final week's wage 180
Overtime payment due 130
___
490
2. The worker was unable to secure payment from the Company
and the dispute was the subject of a Rights Commissioner's
investigation on 3rd April, 1992. The Company did not attend
the investigation. The recommendation as set out below issued
on 22nd April, 1992.
*"RECOMMENDATION
In the light of the above I recommend that Peter Lawlor
trading as Radford Communications should pay the worker
the sum of #490".
(The worker was named in the recommendation).
3. The worker appealed the recommendation to the Labour Court
and a Labour Court investigation took place on 18th September,
1992. The Company did not attend the investigation but wrote
to the Court advising it had ceased trading in November, 1991.
A Liquidator was not appointed due to lack of funds.
WORKER'S ARGUMENTS:
3. 1. The worker commenced employment during the summer of 1991.
He was made redundant in August, 1991 and has not received a
P.45 for this period of his employment. The worker is owed
money for the second period of his employment from October,
1991. He received a P.45 from this period of employment, but
it was was incorrect by 2 weeks (his last week and his first
week worked in arrears).
2. The worker made every effort to contact the employer to
secure payment. He was promised payment at one stage but the
employer did not contact the worker since. The worker is
seeking implementation of the Rights Commissioner's
recommendation.
DECISION:
5. The Court having heard the views expressed by the claimant in
his oral and written submissions finds the manner in which this
worker has been treated by the employers concerned totally
unacceptable.
It is the decision of the Court that the recommendation of the
Rights Commissioner should be implemented immediately and that the
complainant be paid the sum of #490 and that he be provided with
his P.45.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________
5th October, 1992. Deputy Chairman.
J.F./J.C.