INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
SPECIALIST DIECUTTERS LIMITED
- AND -
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Conditions of employment.
2. The worker concerned was employed by the Company from May, 2000, until August, 2001. He states that his employer made a commitment to increase his pay by 10% on completion of 12 months' service. This commitment was not honoured. The employer denied making such a commitment.
The worker referred the matter to the Labour Court on the 16th of July, 2001, 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 17th of October, 2001.
The Company did not make a submission to the Court and did not attend the hearing.
3. 1. The worker was told by the Managing Director that he would receive a 10% pay increase after completing twelve months' service. He did not receive the increase.
2. The worker is claiming £540 (685.66 Euro) arrears of pay due from May, 2001, until August, 2001.
The Court finds it regrettable that the employer failed to attend the hearing or to make any submission on the substance of the claimant's case. In a letter to the Court, the employer did indicate an unwillingness to attend the hearing because the claimant has other proceedings in being before the Employment Appeals Tribunal. It is clear that those proceedings are taken pursuant to the Unfair Dismissal Acts 1977 - 1993 and are unrelated to the present claim.
Having considered the uncontested submissions of the claimant, the Court is satisfied that the employer did make a commitment to increase the claimant's pay by 10% after he had completed 12 months' service. Since this increase was not provided, the claim before the Court is reasonable and should be conceded.
Accordingly, the Court recommends that the employer pay the claimant arrears of salary in the amount of £540.00 (685.66 Euro) in full and final settlement of the present claim.
Signed on behalf of the Labour Court
23rd October, 2001______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.