DWT2437

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00050722 (CA-00060278-001)

BACKGROUND:

The Worker appealed the Adjudication Officer's Decision to the Labour Court on the 6 August 2024. A Labour Court Hearing took place on the 12 December 2024.

The following is the Labour Court's Decision.

DECISION:

Background to the Appeal

This is an appeal by Mr Noel Kelly (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00050722, dated 28 June 2024) under the Organisation of Working Time Act 1997 (‘the Act’). The Adjudication Officer awarded the Complainant compensation of €1,500.00 for the failure of Go Ahead Transport Services (Dublin) Limited (‘the Respondent’) to pay the Complainant’s wages in advance of his scheduled annual leave in June 2023. The Complainant’s Notice of Appeal was received in the Court on 6 August 2024. The Court heard the appeal in Dublin on 12 December 2024.

The Factual Background

The Complainant has been employed by the Respondent as a driver since 10 December 2022 and is paid €729.19 gross per 39-hour week. The Complainant booked two weeks’ annual leave commencing 4 June 2023 but was not paid in advance.

The Complainant’s Submission

The Complainant informed the Court that he was seeking the maximum compensation awardable under the Act for the Respondent’s breach i.e. two years’ pay, being in his case approximately €68,000.00. He told the Court that it was his understanding that an award of compensation under the Act should act as a deterrent to employers against committing breaches of the legislation.

The Respondent’s Submission

It was submitted on the Respondent’s behalf that it had accepted, in the course of the hearing before the Adjudication Officer, that it had not been in compliance with the Act when it failed to pay the Complainant in advance of his scheduled annual leave in June 2023. The Respondent’s representative also told the Court that the Respondent regarded the quantum of compensation awarded by the Adjudication Office as just and equitable, it had not appealed from the Adjudication Officer’s decision and had paid the compensation of €1,500.00 to the Complainant. In the circumstances, it was submitted that there is no basis for increasing the award made at first instance.

Discussion and Decision

Having considered the factual background to this matter, and the Parties’ oral and written submissions, the Court finds no basis for upsetting the decision of the Adjudication Officer which is hereby affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
AR	______________________
13th December 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.