FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ALFA ALARMS - AND - MS CAROL HALPIN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner recommendation No. WTC 98/2
BACKGROUND:
2. The appeal concerns a worker who was employed by the Company from the 26th August, 1997 to 28th November, 1997. It relates to a claim by the worker that she is entitled to further holiday payments under the terms of the Organisation of Working Time Act, 1997. The Company rejected the claim stating that the worker had received her full entitlements. The dispute was referred to a Rights Commissioner for investigation on the 23rd April, 1998. The Rights Commissioner recommended that the worker be paid an outstanding sum of £46.80.
On the 28th April, 1998, the Company appealed the Rights Commissioner's recommendation to the Labour Court. Subsequently, the Company wrote to the Court enclosing a cheque for £33.10 made payable to the worker in full and final settlement of the claim. The payment was offered to the worker but was rejected.
The Court heard the appeal on 1st October, 1998.
The Company declined an invitation to attend the hearing but supplied a written statement which was considered by the Court. Following the hearing, the worker decided to accept the Company's cheque for £33.10 in settlement of her claim.
DETERMINATION:
While the employer did not attend the Court hearing, a written submission was supplied by him. The decision of the Court is based on the details supplied to the Court and on the Claimant's written and oral submission.
The Court has calculated that Ms. Halpin's claim for holiday pay in respect of her employment with the Company has been met by the two payments paid by the Company (£63.12 paid prior to the Rights Commissioner's hearing and an additional cheque for £33.10 as submitted to the Labour Court after the issuing of the Rights Commissioner's Recommendation). The Court considers that this amount of £96.22 is adequate to cover the nett entitlement for holiday pay due to Ms. Halpin under the Organisation of Working Time Act, 1997.
Ms. Halpin decided to accept the cheque for £33.10, on the day of the hearing, in full and final settlement of the claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th October, 1998______________________
TOD/BCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.