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LCR22461

FULL RECOMMENDATION

CD/21/111

RECOMMENDATION NO. LCR22461


SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

GDCL CONSULTING ENGINEERS

- AND -

A WORKER

DIVISION :

Chairman:

Ms O'Donnell

Employer Member:

Mr Murphy

Worker Member:

Mr Bell

SUBJECT:

1. Payment Of Outstanding Holidays, Expenses & Salary

BACKGROUND:

2. UNION'S ARGUMENTS:
The worker states that they were unfairly dismissed from their employment.

COMPANY'S ARGUMENTS:
The Employer states that the Worker left the company by mutual agreement.


BACKGROUND:

2. On the 2 June 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 remote Labour Court hearing took place on 27 August 2021.

RECOMMENDATION :

The Worker commenced this employment in October 2018 in the role of Senior Chartered Civil / Structural Project Engineer. The employment came to an end in April 2020. It is the Worker’s submission that he was surprised at the manner in which the employment came to an end and believes he is due a severance package. The Worker also submitted to the Court that he was due payment in respect of sixteen days untaken annual leave, and over €6,000 in respect of expenses that had not been reimbursed. The Worker submitted that he did receive correspondence in respect of a severance package but when he took into consideration the holidays he had accrued, the outstanding expenses and his contractual notice period the settlement figure on offer was less than what he was owed. The Worker submitted he was looking for an appropriate severance package and accepted that his claim was under the Industrial Relations Act and not an Employment Law claim.
The Employer did not attend the hearing but submitted a letter stating that the employment had come to an end by agreement and that a severance package had been put forward but that the Complainant had not replied to the proposal.

The Court having carefully considered the submissions received recommends that the Employer pay the Worker €45,000 to incorporate all outstanding payments and in full and final settlement of this claim.

The Court so Recommends.

Signed on behalf of the Labour Court

Louise O'Donnell

SOC

______________________

8 September 2021

Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Sinead O'Connor, Court Secretary.