FULL RECOMMENDATION
SECTION 28(1); ORGANISATION OF WORKING TIME ACT; 1997 PARTIES : CONNAUGHT SECURITY GROUP LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Decision WT 709/00/CW.
BACKGROUND:
2. An appeal has been lodged by the Company against the Rights Commissioner's Decision WT 709/00/CW., which was af follows.
I decide that the Company has been in breach of both Acts. In respect of the 1994 Act, I order the Company to pay £504.
In respect of breaches of the 1997 Act, I order the following payments to be made to Mr. Conway.
Public holidays: £252 entitlement and £252 compensation.
Holiday Pay: £84 entitlement (16 X £5.25) and £84 compensation.
Sunday premium:£130 entitlement and £130 compensation.
The 1997 Act awards total £932.
On the 18th of October, 2000, the Company appealed the Rights Commissioner's recommendation made under the Organisation of Working Time Act 1997 ( the award being made under the 1994 Act being appealed to the E.A.T.) to
the Labour Court and the Court heard the appeal on the 14th of December, 2000.
DETERMINATION:
In relation to the sum of £932 due to the worker under the Organisation of Working Time Act, 1997, the Court having considered the written and oral submissions upholds the Rights Commissioner's decision to award the worker £932 .00p in this case and rejects the Company's appeal.
The Court notes the Union commitment not to make any other claims based on this case.
Signed on behalf of the Labour Court
Finbarr Flood
4th January, 2001______________________
HMCD/CCChairman
NOTE
Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.