INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
NEWCASTLE WAREHOUSING LTD
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Appeal of Rights Commissioners Recommendation R-039390-IR-06/TB.
2. The appeal concerns a worker who commenced employment with the Company in January, 2002. His employment ended on the 23rd August, 2005. The Union claimed that the worker was employed and paid on a back week basis. On the termination of his employment the Union calculates that the claimant was due two days outstanding pay in respect of back pay. The Company rejected the claim stating that the worker had received his correct entitlements. The dispute was referred to a Rights Commissioner for investigation. On the 7th June, 2006 the Rights Commissioner issued his recommendation as follows:
"Based on the uncontested evidence of SIPTU I recommend that the claimant be paid 2 days pay, which they submit is due to him. The amount in question is €240.
On the 18th July, 2006 the Company appealed the Rights Commissioner's recommendation to the Labour Court. The Court heard the appeal on the 2nd November, 2006.
3. 1. There are no outstanding monies due to the claimant. He has been paid all his due entitlements. The Company has provided details to the Court of the payments made to the claimant by way of a cheque in the amount of €864.00 in respect of pay inclusive of his "back week", two days pay and outstanding annual leave.
- 1. The Union calculates that the claimant was owed two days pay in respect of back pay amounting to €240 due to him on termination of his employment which the Company did not pay to him.
The claim before the Court concerns the Employer’s appeal of a Rights Commissioner’s recommendation which awarded the claimant 2 days pay in respect of a claim for outstanding pay due on the termination of his employment. Another claim under the Organisation of Working Time Act 1997 was the subject of a separate appeal.
The Employer contested that there were any outstanding monies due and produced information for the Court indicating that all outstanding monies had been paid. She produced evidence to show that he had been paid a cheque for the sum of €864.00 net in respect of 9 ½ days pay, inclusive of his “back week”, two days pay for Monday and Tuesday 22nd and 23rd August 2005 and 1 ½ days outstanding annual leave.
Having considered the submissions and the evidence, the Court is satisfied that all outstanding monies due on the termination of his employment have been paid. Therefore, there is no obligation on the employer to pay any monies in respect of his claim under the Industrial Relations Act, 1969.
Consequently, the Right’s Commissioner’s recommendation is overturned and the Employer’s appeal is upheld.
The Court so decides.
Signed on behalf of the Labour Court
10th November, 2006______________________
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.