FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SPRING GROVE SERVICES LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IFEANYI KENNETH ORAGUI DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision WT13946/03/JH.
BACKGROUND:
2. The worker commenced employment with the Company on the 24th September, 2001. He left the employment on the 10th of October, 2001, but rejoined the Company from the 19th of November, 2001, until the 7th of March, 2003. The annual leave year runs from January to December, and the worker's leave entitlement was 20 days per annum. The Company calculated that his total leave allowance due was 27 days and it presented evidence to the Court that the worker had received his full allowance. The worker claims that he took 17 days' annual leave but is still owed for 10 days.
The worker referred his case to a Rights Commissioner.Due to an error, the Company did not attend the hearing. The Rights Commissioner's decision was as follows:
"Based on the submissions made by the claimant and his uncontested evidence and taking account of the factors set out above the worker is to receive the sum of €689.00 plus €100 equals €789.00 compensation in respect of the breaches of the Organisation of Working Time Act and by Spring Grove Services (Ireland) Ltd".
(The worker was named in the above decision)
The Company appealed the decision to the Labour Court on the 3rd of September, 2003, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 3rd of December, 2003, in Cork.
COMPANY'S ARGUMENTS:
3. 1. Records show that the worker took 17 days' annual leave and received payment for the remaining 10 days due when he left the Company in March, 2003. He has received his full entitlement under the Organisation of Working Time Act, 1997.
WORKER'S ARGUMENTS:
4. 1. The worker took a total of 17 days' annual leave but is still owed for 10 days leave. He did not receive this money when he left the Company.
DETERMINATION:
A complaint was presented to a Rights Commissioner by the worker in February, 2003, pursuant to Section 27 of the Organisation of Working Time Act, 1997 (the Act ). He complained that the respondent failed to grant him the full amount of annual leave to which he was entitled under Section 19 (1) of the Act.
A Rights Commissioner hearing was held on 26th June, 2003. The respondent failed to attend before a Rights Commissioner (an explanation for which was provided to the Court). In these circumstances, the Rights Commissioner found that the complaint was well founded and awarded the worker €789.00 compensation in respect of breaches of the Act. It is against that decision that the respondent appealed to the Court, stating that the worker had received and was paid all his holiday entitlements in accordance with the provisions of the Act.
Having considered the oral submission of the worker, and the written and oral submission of the employer, the Court is satisfied, having examined the pay records of the Company, that the worker has received his full annual leave entitlements.
The employer's appeal is allowed and the decision of the Rights Commissioner is set aside.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th December, 2003______________________
CON/BGDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.