FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CLONDALKIN EMPLOYMENT INITIATIVE - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Unpaid Wages
BACKGROUND:
2. This case concerns a dispute between the employer and worker in relation to the outstanding payment of one weeks' pay. The worker's position is that Management had agreed to allow her to take time off in lieu which had accrued as a result of her attending educational courses while in their employment. It is the worker's contention that, as the leave in question was not taken prior to the cessation of her employment, she should be paid the one weeks pay owed in lieu of the leave.
Management's position is that the worker accrued the leave in lieu but had not taken it prior to the cessation of her employment. In such circumstances management contends that all contractual entitlements with respect to outstanding leave had been paid to the worker when she left their employment.
The worker referred the dispute to the Labour Court on 9th June, 2009 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 5th August, 2009.
The following is the Court's Recommendation.
RECOMMENDATION:
It appears to the Court that the dispute under investigation arises from the agreement reached with the claimant by which she was to be allowed one week's leave with pay in lieu of time worked and/or time spent training. It seems to the Court that, having agreed to allow this time off, it cannot be subsumed into her holiday entitlements. Furthermore, since this time off in lieu was outstanding at the time the Cliamant's employment terminated she should have been paid its monetary value on the cessation of her employment.
While there is some doubt as to the precise amount due, the Court is satisfied that the Cliamant's calculations are probably more accurate.
In these circumstances the Court recommends that the Claimant be paid one week's normal pay in full and final settlement of her claim.
Signed on behalf of the Labour Court
Kevin Duffy
1st September 2009______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.