DWT0125

FULL RECOMMENDATION WTC/01/14 DETERMINATIONNO.DWT0125 (WT2716/00/GF) SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ROCHES STORES (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - PHIL GRIMSON (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr O'Neill

SUBJECT:
1. Appeal against Rights Commissioner's Decision WT2716/00/GF.


BACKGROUND:

2. The dispute arose over the working of January 3rd, 2000, and the interpretation of the Company Union Agreement. On the 1st January, 2000, the Public Holiday fell on a Saturday. The worker is not normally expected to work on Saturday. The worker expected that the day in lieu would transfer to the following Monday. The Company disputed this and stated that the Monday would be treated as a normal day and staff would get a day off within a month. The Union stated that the Company had failed to consult with the employees or their representatives within the prescribed time, as provided under the Organisation of Working Time Act, 1997. There was no collective agreement or contractual provision in the contracts of employment which clarified the matter. The matter was referred to the Rights Commissioner for investigation and recommendation. The Rights Commissioner issued his decision on 11th January, 2001.

• Findings and Decision
  
  "I believe the Act places a responsibility on the Company to ensure such situations
  do not arise. As this did not happen I decide the complaint is well founded and I find in favour of the claimant."
  

On the 20th February, 2001, the Company appealed the Right Commissioner's Decision to the Labour Court and the Court heard the appeal on 4th May, 2001.


DETERMINATION:

Having considered the submissions of the parties the Court is satisfied that the Company's practice of allowing employees a day off within a month in respect of a Public Holiday is consistent with the provisions of Section 21(1) of the Organisation of Working Time Act 1997.

Accordingly, the Court determines that the Company did not contravene a relevant provision of the act and the complaint submitted by the Union is not well founded.



Signed on behalf of the Labour Court



Kevin Duffy
21st May, 2001______________________
HMCD/CCDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.