FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BARRY EXPRESS (LONGFORD) LIMITED (REPRESENTED BY LYONS KEENAN KILEMADE) - AND - CAMILLUS GLENNON DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Decision WT13610/03/LM.
BACKGROUND:
2. The worker concerned was employed by the Company from November, 1999, until the 3rd of January, 2003, as a Lorry Driver. The issue before the Court is a claim for payment in respect of one public holiday.
The claim was referred to a Rights Commissioner for investigation. Her decision issued on the 15th of May, 2003, in which she requested the employer to pay the sum of €640 to the claimant.
The Company appealed the Rights Commissioner's decision to the Labour Court in accordance with Section 28 (1) of the Organisation of Working Time Act, 1997, on the 27th of May, 2003. The Court heard the appeal on the 5th of August, 2003, the earliest date suitable to the parties.
At the hearing the Company accepted that the Worker concerned is due payment in respect of one public holiday.
DETERMINATION:
The Court has considered the employer's appeal of the Rights Commissioner's decision. Based on the evidence, the Court is of the view that the worker has received his full annual leave entitlement under the terms of Section 19 of the Organisation of Working Time Act, 1997.
Having examined the details of the public holiday entitlement, the Court is of the view that the worker is entitled to 1 day in respect of his entitlement under Section 21 of the Act, and recommends accordingly.
Therefore, the Court recommends payment of €81.80 plus payment of €120.00 compensation. The Court upholds the appeal and varies the Rights Commissioner's decision accordingly.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th August, 2003______________________
GB/BBDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Gerardine Buckley, Court Secretary.