FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SELCARE RETAIL LIMITED - AND - CHRISTOPHER ST. LEDGER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Appeal against Rights Commissioner's Decision WT 163/99/JH.
BACKGROUND:
2. The appeal concerns a worker who was employed by the Company as a part-time forecourt attendant from the 7th of July, 1997, to the 5th of February, 1999. The worker was employed for weekend work only, for which he was paid £2.75 per hour. On the 9th of June, 1999, the worker submitted a claim to a Rights Commissioner for payment of a Sunday premium of time and a half for the duration of his employment. The Rights Commissioner investigated the claim on the 15th of July, 1999 and issued her Decision on the 22nd of July, 1999, as follows:-
"Christopher St. Ledger is entitled to compensation for the failure of his employer to pay Sunday Premium, in breach of the Working Time Act, 1997. He should receive £250 nett by way of compensation and in full and final settlement of his claim under the Working Time Act, 1997."
The Employer did not attend the Rights Commissioner's hearing. He later informed the Labour Court that he had vacated the Company's premises on the 14th of June, 1999, and did not receive notification of the hearing. A copy of the Rights Commissioner's Decision was forwarded to him, however, and he appealed it to the Labour Court in accordance with Section 28 (1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 30th of September, 1999. The worker did not attend the Labour Court hearing.
DETERMINATION:
It is noted that the Employer is named in the Decision of the Rights Commissioner as "Shell Service Station, Finglas". The Employer has confirmed to the Court that the correct name of the Employer is Selcare Retail Limited. The Decision of the Rights Commissioner is amended accordingly.
The Employer has not put forward any grounds on which the Court could vary the Decision of the Rights Commissioner on the application of Section 14 of the Act to the claimant. Accordingly, the Decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
15th October, 1999______________________
DG/BCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Dympna Greene, Court Secretary.