THE LABOUR Court has dismissed a claim of compensation by former award-winning DJ Tommy Kelly over his claim he did not receive a pay increase over a 10-year period at Clare FM.
At the hearing, the radio station told the Labour Court it had required the protection of the Garda and the courts in response to a campaign from Mr Kelly.
Mr Kelly worked for Clare FM between 1989 and 2000 and claims that he was constructively dismissed by the station and didn’t receive a pay increase over 10 years or didn’t get paid extra for working Sundays or bank holidays.
Prior to the hearing, Mr Kelly agreed to be bound by the Labour Court. However, he said yesterday he was “amazed” at the decision and is seeking legal opinion on it.
Clare FM claimed Mr Kelly was engaging in an abuse of due process in an attempt to continue his unreasonable campaign against the station. However, the court dismissed his case on all grounds.
It stated that Mr Kelly “made a number of complaints to the court concerning his rate of pay going back as far as 1989 and his perception that the employer wished to terminate his employment”.
It went on: “Clare FM gave details of a campaign of vilification against it, which the worker engaged in over a period of years from 2001 onwards, resulting in intervention by the gardaí and a Circuit Court order restraining him from engaging in such activities against the employer.”
The inspector stated that “the court is not satisfied that the worker has produced any evidence to substantiate his claims”.
“In reaching its conclusion and recommendation . . . the court notes the lengthy delay in pursuing the claims, coupled with the tactics engaged in by the worker, in contrast to the employer’s substantive attempts over the years to resolve this very difficult situation . . .
“The court is of the view that there was no substance to ground his complaints and in all the circumstances rejects his claims.”
In response yesterday, Mr Kelly said: “I’m amazed at the recommendation and the way it was written up. My main argument – that I was forced to leave Clare FM – has been omitted entirely.”
He added: “I was given no wage increase for 10 years. This was not questioned or disputed by anyone in court.”
