FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : L N J RESTAURANTS LIMITED - AND - CLAIRE O'LOGHLEN (REPRESENTED BY AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decision WT4066/01/MR.
BACKGROUND:
2. The Union submitted a claim on behalf of the worker for payment of Sunday premium. It states that the worker was not paid double time for the Sundays she worked since the introduction of the Working Time Act, 1997.
Management rejected the claim on the basis that it was out of time in accordance with Section 27(4) of the Organisation of Working Time Act, 1997.
The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner issued his decision on the 29th of May, 2001, as follows:-
"In accordance with Section 27 of the Act, I hereby declare that this complaint is out of time."
On the 13th of June, 2001, the Union 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 13th of March, 2002 (the earliest date suitable to the parties).
DETERMINATION:
The Court, having considered the written and oral submissions made by the parties, is not satisfied that the claimant has shown reasonable cause as to why the complaint was not made within the required time scale.
The Court, therefore, rejects the appeal and upholds the Rights Commissioner's decision.
Signed on behalf of the Labour Court
May, 2002______________________
LW/MB.Finbarr Flood
Chairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.