FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MICHAEL LAHEEN T/A MICHAEL LAHEEN PAINTING (REPRESENTED BY KEANE SOLICITORS) - AND - MALACHY MCGRATH DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioners Decision WT11956/02/JH.
BACKGROUND:
2. The appeal concerns a worker who was employed by the Company from January, 2002 until July, 2002. It relates to a claim by the worker that he did not receive holiday pay. The Company disputed the claim on the basis the claimant left the employment of his own volition without giving notice to the employer and also in relation to an issue involving a company vehicle . The dispute was referred to a Rights Commissioner for investigation. On the 1st May, 2003 the Rights Commissioner issued her recommendation as follows:
"Malachy McGrath has a valid complaint. He is to receive compensation of €1,000 allowing for the failure of his employer to pay his statutory entitlements and the unnecessary cost and inconvenience to Mr McGrath in prosecuting this claim and noting that the employer failed to attend at the hearing".
On the 20th May, 2003 the Company appealed the decision to the Labour Court. The Court heard the appeal in Galway, on the 22nd October, 2003.
DETERMINATION:
It is noted that the employer accepts that the claimant was entitled to compensation in respect of outstanding leave when his employment terminated and this was not paid. The employer's appeal is against the quantum of compensation awarded by the Rights Commissioner which, it is claimed, is excessive having regard to the conduct of the claimant at the time he left the employment.
The Court does not accept that there are factors in this case upon which a reduction in the amount to which the claimant is due could be justified.
It is noted that the employer accepts that the economic loss suffered by the claimant was €830 and that in addition he suffered a loss of a day's pay in pursuing his claim before the Rights Commissioner. The Court notes that the claimant has suffered further loss and inconvenience in defending this appeal.
Having regard to all of the circumstances the Court measures the amount of compensation which is fair and reasonable in this case at €1,200. The award is increased and the decision of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
5th November, 2003______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.