INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
CLASSIC SECURITY SYSTEMS LIMITED
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Full payment of monies owed.
2. The worker was employed by the Company from the 4th of October, 2004, to the 28th of May, 2005, and worked as a security guard. He claims that he was paid at the rate of €7.61 per hour regardless of the time of day or the number of hours per week. In 2005 he discovered that there was Employment Regulation for the Security Industry which set out statutory minimum rates and discovered that he was underpaid by approximately €3,438. He wrote to the Company which paid him €1,150 in total. On the 23rd of May, 2005, the worker received a letter from the Company stating that his employment was being terminated due to economic factors. The worker was let go but another employee was taken on in his place. He believes that he is still owed approximately €3,500 in total, including money for the experienced rate applicable after one year's service in the industry, plus shift, overtime and Sunday premium.
The worker referred his case to the Labour Court on the 1st of July, 2005, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th of March, 2006, in Roscommon. The worker agreed to be bound by the Court's recommendation.
The Company did not attend the hearing or forward a written submission. The following is the Courts' Recommendation:-
The Court finds it regrettable that the Employer decided not to attend the hearing and present its side of the case.
Having considered the uncontested submissions of the Claimant, and based on the pay details supplied, the Court is satisfied that the worker was not paid in accordance with the terms of the Employment Regulation Order for the Security Industry and has outstanding monies due in lieu of notice, therefore, 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 €3,500 in full and final settlement of the present claim.
The Court so recommends.
Signed on behalf of the Labour Court
23rd March, 2006______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.