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LCR22571

FULL RECOMMENDATION

CD/21/257

RECOMMENDATION NO. LCR22571

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

BMAC STRUCTURAL STEEL

- AND -

A WORKER

DIVISION :

Chairman:	Ms Connolly
Employer Member:	Mr O'Brien
Worker Member:	Ms Tanham

SUBJECT:

1. Owed pay for Back Week and for 18 weeks worth of Holidays. Never received a Contract or a payslip.

BACKGROUND:

2. On the 15 November 2021 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place in a virtual court room on 28 March 2022.

RECOMMENDATION :

The Worker referred this matter to the Labour Court on 18 November 2021 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A remote Labour Court hearing took place on 28 March 2022.

The matter before the Court relates to a trade dispute between the Worker and his former employer. As a Section 20(1) referral the Worker has agreed to be bound by the Court's Recommendation.

The employer did not attend the hearing of the Court. The Court is satisfied that the employer was properly advised of the date, time, and place of the hearing.

The Worker told the Court that he was employed from 22 February 2021 until 3 September 2021, when he had to leave the job due to personal reasons. He outlined a number of difficulties that he had encountered with his former employer including the non-provision of payslips, contract terms, and a failure to pay him various outstanding monies owed.

In response to questions from the Court, the Worker outlined the efforts that he made to contact and resolve issues with his former employer, which were largely ignored. He told the Court that his former employer had contacted him in the days before the Court hearing and offered to pay him two days’ pay, which was a fraction of what he was owed.

The Court, on the uncontested facts of the submission as presented by the Worker, recommends that his former employer should pay the Worker €2000 compensation, which should be paid within four weeks of the date of this Recommendation.

The Court so recommends.

	Signed on behalf of the Labour Court

	Katie Connolly
TH	______________________
5 April 2022	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.