FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOHN CONNOR BUILDING CONTRACTOR - AND - GERARD KELLY (CLAIMANT) DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Decision WT4836/01/JH
BACKGROUND:
2. The Company claims that the worker was employed as a labourer for different periods between October 1997 until he resigned in April, 2001. The employer states that it was agreed between the parties that there would be two weeks holiday in July/August with a further week's holiday at Christmas.
The worker claims that he did not receive his full holiday entitlements. He also alleges that he did not receive proper notice when his employment was terminated.
The worker referred the dispute to a Rights Commissioner for investigation. On the 20th August, 2001, the Rights Commissioner issued her Decision as follows:-
" Taking into account all of the circumstances of the employment and noting that Mr O'Connor was not implementing Mr Kelly's statutory entitlements during his employment it is my decision that Mr Kelly is to receive the sum of £300.00 compensation for the failure to pay him his full holiday entitlements during the period of his employment".
On the 24th September, 2001, the claimant appealed the Rights Commissioner's Decision to the Labour Court under Section 28 (1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 9th January, 2002.
DETERMINATION:
The Court was given to understand that information would be supplied by the employer to show that the claimant had in fact been in alternative employment for some three to four months during the eighteen month period before he left this particular employment. This information was not subsequently presented to the Court.
The Court, therefore, having considered the written and oral submissions made by the parties finds no reason to change the Rights Commissioner's Decision.
The appeal is, therefore, rejected and the Court upholds the Rights Commissioner's Decision.
The Court so determines.
Signed on behalf of the Labour Court
Finbarr Flood
11th February, 2002______________________
LW/LWChairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.