Labour Court Database
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File Number: CD91618
Case Number: AD91114
Section / Act: S13(9)
Parties: FASHION CRAZES LIMITED - and - A WORKER
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Subject:
Appeal by the worker against Rights Commissioner's Recommendation No. BC306/91 concerning outstanding payments.
Recommendation:
4. The Court notes that the complainant in this case has been
employed by the Company for a period of five years.
The Court have decided to uphold the Rights Commissioner's
recommendation. The Court considers it totally unacceptable
that the complainant has been left without her P45 and considers
this should be made available immediately.
The Court so decides.
Division: MrMcGrath Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD91618 APPEAL DECISION NO. AD11491
INUDSTRIAL RELATIONS ACT 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT 1990
PARTIES: FASHION CRAZES LIMITED
(In Liquidation)
and
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
Recommendation No. BC306/91 concerning outstanding payments.
BACKGROUND:
2. The worker concerned was employed by the Company for five
years. Following a period of maternity leave and sickness the
worker decided not to return to work with the Company. The
worker maintained she was owed a back weeks' pay and two weeks'
holiday pay from the Company. In April, 1991, she sought the
outstanding payments from the Company as well as a P45
certificate. The Company did not provide them. The worker
referred the matter to a Rights Commissioner for investigation
and recommendation. On 18th November, 1991 the Rights
Commissioner issued the following recommendation.
" A submission was made by the claimant and having
carefully examined this submission and posed a number
of relevant questions I am satisfied that the claimant
is owed money by Fashion Crazes.
The sum amounts to the following:
1. Two weeks holiday pay £190 nett.
2. One back week £95.00 nett., making a total of
£285.00.
In expressing the payment nett what I mean here is that
this is the sum due the worker after all taxes have
been deduced.
The claimant also is entitled to have her P45 furnished
to her and failure to do this has created some
embarrassment to the worker in her search for
employment.
I therefore recommend that the sum of £285 nett after
tax be paid to the worker and that her P45 be furnished
to her."
(The worker was named in the Rights Commissioner's
Recommendation. The Company was not represented at the
investigation).
The worker rejected the recommendation and on 18th November,
1991, appealed it to the Labour Court under Section 13(9) of the
Industrial Relations Act, 1969. The Court heard the appeal on
10th December, 1991. The Company is in liquidation since
August, 1991, and no representative attended the appeal hearing.
WORKER'S ARGUMENTS:
3. 1. Since April, 1991, the worker has unsuccessfully
sought the monies owed to her and her P45 certificate. The
only explanation she has ever received regarding the delay
in obtaining what she is owed was from the wife of the
owner of the Company who explained that the accountant was
missing with the books.
2. The absence of a P45 certificate is of immense concern
to the worker as she requires it for social welfare
purposes. Its absence has also meant that employers are
not willing to consider her for a job.
DECISION:
4. The Court notes that the complainant in this case has been
employed by the Company for a period of five years.
The Court have decided to uphold the Rights Commissioner's
recommendation. The Court considers it totally unacceptable
that the complainant has been left without her P45 and considers
this should be made available immediately.
The Court so decides.
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Signed on behalf of the Labour Court
Tom McGrath
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20th December, 1991
B.O.N./N.M. Deputy Chairman