FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : LINK PERSONNEL SERVICES LIMITED - AND - MS ANNE O'TOOLE DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decision WT 182/99/JH.
BACKGROUND:
2. The appeal relates to a claim by the worker that she is entitled to arrears of holiday pay amounting to £479.23 under the terms of the Organisation of Working Time Act, 1997. The Company rejected the claim. The dispute was referred to a Rights Commissioner for investigation in July, 1999. Both parties made written submissions to the Rights Commissioner although the Company did not attend that hearing. On the 12th October, 1999 the Rights Commissioner issued her decision as follows:-
"On the basis of the conflicting evidence presented, I consider that there is some validity in the claim. Payment of £250 should be paid to her within three weeks of the date of issue of this decision".
On the 25th of October, 1999 the Company appealed the Rights Commissioner's Decision to the Labour Court. The Court heard the appeal on the 25th of January, 2000.
DETERMINATION:
This was a complex case given the nature of the Contract of Employment and the effect of different Bank Holidays in Europe and Ireland. The Court, having considered the written and oral submissions made at the hearing and the subsequent correspondence supplied, decides as follows:-
1.Bank Holidays
The Court is satisfied that the claimant is not owed any payment for Bank Holidays as it would appear she was due 3 and received 5. Under the Working Time Act she is not entitled to double time payments as claimed for Bank Holidays worked.
2.Holiday Pay
The Court finds that the claimant's rate of pay is £8 per hour - £4 plus £4 expenses. She is therefore owed 8 hours x £4 x 5 days =£160. The Court, therefore, amends the Rights Commissioner’s decision accordingly, the claimant should be paid £160.
Signed on behalf of the Labour Court
Finbarr Flood
10th March, 2000______________________
T. O'D/U.S.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.