Labour Court Database
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File Number: CD90418
Case Number: LCR13033
Section / Act: S20(1)
Parties: SEALE CLOTHING LIMITED - and - A WORKER
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Subject:
Dispute concerning the worker's present position and her rate of pay.
Recommendation:
4. The Court having considered the submission of the complainant
recommends that she should be reinstated in her original job at
the first opportunity.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90418 RECOMMENDATION NO. LCR13033
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: SEALE CLOTHING LIMITED
and
A WORKER
SUBJECT:
1. Dispute concerning the worker's present position and her rate
of pay.
BACKGROUND:
2. The worker concerned has been employed by the Company as a
machinist for the past fourteen years. In August, 1989 she became
ill and the illness lasted for fourteen weeks. During this period
of time sickness certificates were submitted by the worker to her
employer. On resuming work after her illness she was advised by
Management that her specific job was no longer there and she was
put working on 'spares.' Her earnings were reduced substantially
(by approximately 30%). The worker claimed her old job back but
the Company refused her request. She referred her case to a
Rights Commissioner for investigation but the Company was
unwilling to attend such an investigation. The worker then
referred the dispute to the Labour Court under Section 20(1) of
the Industrial Relations Act, 1969, and agreed to be bound by the
Court's recommendation. The Company declined to attend the
hearing which was held on the 13th September, 1990.
WORKER'S ARGUMENTS:
3. 1. The worker who has fourteen years' service with the
Company became ill through a very serious kidney infection and
during the whole period of her illness, sickness certificates
were submitted to the Company, signed by her doctor (who is
also the Company doctor).
2. The worker has an exemplary record of employment, and was
rarely absent from work. Her work was considered to be top
class by her supervisors and her attendance record was good.
She feels that the Company has taken none of these things into
account and has in fact victimised her since her return to
work by putting her on 'spares' work with reduced earnings.
3. The worker is seeking to be reinstated to her former job
and is also seeking compensation for loss of earnings.
RECOMMENDATION:
4. The Court having considered the submission of the complainant
recommends that she should be reinstated in her original job at
the first opportunity.
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Signed on behalf of the Labour Court
Tom McGrath
__________________________
27th September, 1990 Deputy Chairman.
T.O'D./J.C.