FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CAPITAL BARS PLC TRADING AS RATHMINES CAPITAL HOTEL - AND - WILLIAM MCCORMACK DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision WT11733/02/JH.
BACKGROUND:
2. The worker concerned is employed by the Company since February, 2000, as a night porter. He is on sick leave since September, 2002.
The issue before the Court is a claim for double time for Sundays worked for the period February, 2000, until September, 2002. The Company argues that a Sunday premium of approximately double time is built into the rates of pay on the basis that rostered staff work two Sundays out of three.
The claim was referred to a Rights Commissioner for investigation. Her decision issued on the 12th of March, 2003, in which she found that the worker concerned has a valid
complaint in respect of excess Sundays worked during the period January, 2002, to September, 2002. She requested the employer to pay €220.80 in compensation for non payment of Sunday premium.
The worker appealed the Rights Commissioner's decision to the Labour Court on the 9th of April 2003, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 11th of June, 2003, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1. The worker concerned is entitled to double time for Sundays worked for the period February, 2000, until September, 2002.
COMPANY'S ARGUMENTS:
4. 1. The worker's annual salary is inclusive of any supplementary payment relating to Sunday work.
DETERMINATION:
The Court has carefully considered the submissions of the parties together with the documentation provided.
The Court is satisfied that the conclusions reached by the Rights Commissioner are correct and that the extent of the claimant's entitlement pursuant to Section 14 of the Act is in the amount which she awarded, namely €220.80.
The decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
25th June, 2003______________________
GB/Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Gerardine Buckley, Court Secretary.