Labour Court Database
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File Number: CD87577
Case Number: LCR11405
Section / Act: S20(1)
Parties: TRACEYS SHOES - and - MS. PATRICIA CLARKE
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Subject: Dispute concerning the alleged unfair treatment of a worker.
Recommendation: 3. The Court is satisfied that the worker concerned has a genuine
grievance and recommends that she be paid an ex gratia sum of #500
in full settlement of her claim.
Division: Ms Owens Mr Shiel Mr Walsh
Text of Document__________________________________________________________________ CD87577 THE LABOUR COURT LCR11405
Section 20(1) INDUSTRIAL RELATIONS ACT, 1969
RECOMMENDATION NO. LCR11405
Parties: TRACEYS SHOES LIMITED
and
A WORKER
Subject:
1. Dispute concerning the alleged unfair treatment of a worker.
Background:
2. The worker concerned was employed by the Company at its
premises in Douglas on a part-time basis, working 17.50 hours a week
from May, 1978 until February, 1979. From February, 1979 she was
employed on a full-time basis. From 31st January, 1983 until she
ceased employment in July, 1983, she worked in the Company's shop
in Patrick Street, Cork. The worker contends that she was treated
unfairly by her Employer. She stated that while working in the
Company's shop in Douglas she hurt her leg. It has never fully
recovered from this injury and she is still receiving medical
attention. She was able to work despite the injury. However in
July, 1983, while working in the Company's shop in Patrick Street,
she was required to do a lot of standing and to climb up and down
stairs on numerous occasions to set up displays and replenish
stock. This work aggravated her injury and her leg became very
sore. She asked to be taken off that particular duty. This
request was declined. She was unable to attend work the next day
because of the injury and she has not worked since. The worker
further stated that she had sought redress from her Employer
through various channels without success. Her Employer's response
was that as he was not directly involved in any of the companies
she worked for, he is not answerable for any claim she may have.
The worker referred her case to a Rights Commissioner but the
Company turned down an invitation to attend an investigation. The
worker then sought an investigation and recommendation from the
Labour Court under Section 20(1) of the Industrial Relations Act,
1969. A Court hearing was held in Cork on 26th August, 1987.
RECOMMENDATION:
3. The Court is satisfied that the worker concerned has a genuine
grievance and recommends that she be paid an ex gratia sum of #500
in full settlement of her claim.
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Signed on behalf of the Labour Court
Evelyn Owens
______________________
Deputy Chairman
28th September, 1987.
M.D./J.C