FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CHUBB IRELAND - AND - AL NOONAN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Appeal of Rights Commissioner's Decision WT13707/03/MR
BACKGROUND:
2. The worker has submitted a claim for compensation which he states is due to him for alleged breaches of his statutory rights in relation to public holidays for the period 1991 to 2000. He claims that two of his colleagues succeeded in getting compensation from the company in relation to this matter and he was seeking a similar settlement.
Management rejected the worker's claim. It states that in September, 1999, Chubb Ireland acquired a company called Lower Harbour Leisure. The claimant was a former employee of this company. Management believe that this claim is time barred as it was not submitted within the time period specified in Section 27 of the Organisation of Working Time Act, 1997.
The dispute was referred to a Rights Commissioner for investigation. On the 18th August, 2003 the Rights Commissioner issued his decision as follows:-
" In accordance with Section 27 of the Act, I hereby declare that this complaint is out of time."
DETERMINATION:
This is an appeal by the worker against the decision of the Rights Commissioner in WT13707/03/MR who found that the complaint under the Organisation of Working Time Act was out of time in accordance with Section 27 of the Act.
Section 27 states:
(4) A Rights Commissioner shall not entertain a complaint under this section if it is presented to the Commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.
(5) Notwithstanding subsection (4), a Rights Commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to in subsection (4) (but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.
In February 2003, the appellant presented a complaint to a Rights Commissioner pursuant to Section 27 of the Act claiming redress in respect of alleged infringements of his statutory rights in relation to public holidays during the period 1991 to 2000. The complaint was heard by the Rights Commissioner on 21st July, 2003.
Conclusion and Determination of the Court
The limitation period set down in Section 27 runs from the date the complaint was made. As the complaint was not made in time both under Section 27(4) and (5) of the Act, the Court finds that it is out of time and accordingly upholds the Right's Commissioner's decision.
The appellant's appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th November, 2003______________________
LWDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.