FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DELLAR FORWARDING LIMITED - AND - CHARLES CROWLEY DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision WT945/00/MR.
BACKGROUND:
2. The worker concerned commenced employment with the Company on the 24th of August, 1994. His employment was terminated on the 28th of March, 2000. The worker was paid redundancy payments and 4 weeks pay in lieu of notice.
The worker submitted a complaint to a Rights Commissioner in respect of holiday and public holiday entitlements for investigation under the Organisation of Working Time Act, 1997. The Rights Commissioner's findings and Decision are as follows:-
"Based on the evidence before me, I am satisfied that the respondent owes Charles Crowley the sum of £602, gross, comprising £182 in respect of 2.6 days holiday pay and £420 in respect of six public holidays.
In accordance with Section 27 of the Act, I hereby declare that this claim was well founded and I now require Dellar Forwarding Limited to pay Charles Crowley the sum of £602, gross.
The Rights Commissioner's Decision was appealed by the Company to the Labour Court on the 8th of August, 2000. The Court heard the appeal in Cork on the 14th of September, 2000.
DETERMINATION:
It is clear to the Court that the amount awarded by the Rights Commissioner is properly due to the claimant in respect of annual leave and public holiday pay.
Accordingly, the appeal is disallowed and the decision of the Rights Commissioner requiring Dellar Forwarding Limited to pay the claimant the sum of £602 gross, is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
4 October, 2000______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Fran Brennan, Court Secretary.