FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CEMENTATION SKANSKA IRELAND LIMITED - AND - PAT TREACY DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decision WT5314/01/MR
BACKGROUND:
2. The worker was employed by the Company from 1997 until the 6th of May, 2000. He claims that he never received holiday/public holiday pay in that time. The Company's view is that it paid its workers a premium payment in lieu of holiday pay. The worker referred a claim for holiday pay to the Rights Commissioner service on the 11th of July, 2001. The Rights Commissioner's decision issued in October, 2001, as follows:
"In accordance with Section 27 of the Act, I hereby declare that this complaint is out of time."
The worker appealed the decision to the Labour Court on the 19th of November, 2001, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997, (the Act). A Labour Court hearing took place on the 4th of December, 2001, in Roscrea. The worker's case is that he was not aware that he had to file a complaint within 6 months of the occurance, as specified in Section 27(4) of the Act, 1997. A fellow worker had taken a similar case against the Company, and a Rights Commissioner found that "the claimant should be paid his holiday pay strictly in accordance with the Act". The Labour Court, in Determination No. DWT017, found that the Rights Commissioner's decision was correct. The worker claims that at a union meeting the workers were told that if one worker was successful in his claim then all the workers would get holiday pay. When this did not happen, the worker made his own claim in July, 2001.
The Company's case is (1) that workers received holiday pay by way of the premium payment and (2) the worker's claim is out of date, having been lodged more than one year after he left his employment. Workers who had lodged claims within the 6 months specified in the Act had received holiday pay. The following is the Court's determination:-
DETERMINATION:
The Court, having considered the written and oral submissions, supports the Rights Commissioner's findings.
The Court, therefore, rejects this appeal and upholds the Rights Commissioner's Decision.
The Court so determines.
Signed on behalf of the Labour Court
Finbarr Flood
7th January, 2002______________________
CONChairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.