FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ATLANCO LIMITED (REPRESENTED BY JOHN GLYNN & CO SOLICITORS) - AND - EDWARD DONNELLY DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation No. WT6371/01/TB.
BACKGROUND:
2. The worker was employed by the Company from February, 2000, until he resigned in August, 2001. He alleges that he has not received his full holiday entitlement as provided for under the Organisation of Working Time Act, 1997. The worker also claims that he has not received commission due to him.
Management states that the worker received all his holiday pay due to him. It also argues that the claimant signed a form that he had received all commission owed to him.
The worker alleges that the Company is in breach of the Organisation of Working Time Act, 1997, and referred the dispute to a Rights Commissioner for investigation. A Rights Commissioner's hearing took place on the 12th of November, 2001. The following is the Rights Commissioner's Recommendation:-
"The contract of employment signed by the claimant allows only 15 days holidays which is in breach of the Organisation of Working Time Act. The claimant is owed 3 days holidays which I estimate as £200 (€253.95). I award him that amount.
The claimant is also owed £696 (€883.74) in outstanding commission and I award him that amount."
The Company appealed the Recommendation to the Labour Court on the 19th of December, 2001, under Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing was held on the 26th of February, 2002.
DETERMINATION:
At the Court hearing conflicting evidence was produced by the parties on a number of issues.
Subsequently the Court has continued to receive written correspondence with claims and counter claims by the parties, most of the claims impossible to validate or confirm.
The Court has considered the information supplied. The Court can only deal with the issue of Holiday Pay under the Act. It upholds the Right Commissioner's Recommendation in relation to Holiday Pay and therefore awards the claimant the sum of € 253.95.
Signed on behalf of the Labour Court
Finbarr Flood
22nd May, 2002______________________
LW/CCChairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.