FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : LEOPARD SECURITY CRUMLIN LTD - AND - MICHAEL SMYTH DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's decision WT11603/02/TB.
BACKGROUND:
2. The worker concerned was employed by the Company from October 2000 until the end of May 2002 with a break of 4 to 6 weeks during that time. When the worker ceased employment with the company in May 2002 he received his P45 form, but claims he did not receive his holiday entitlements and the Sunday premium to which he was entitled.
The case was brought before a Rights Commissioner who made a recommendation on the 17th February, 2003 upholding the claim in respect of holidays and awarding the worker 92 hours holiday pay amounting to €567.00 He also upheld the complaint in respect of Sunday premium and awarded the worker €135.00 in respect of this element of the claim
The Employer appealed the Rights Commissioner's decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working
Time Act, 1997 (The Act) on the grounds that:
- There is no documentation which gives authority to the Rights Commissioner and the Labour Court to hear claims under the Act and therefore the findings can only be declaratory in nature. The Rights Commissioner and the Labour Court are acting outside the rules of natural justice and are biased against Employers.
- The Court heard the appeal on the22ndAugust, 2003, the earliest date suitable to the parties.
- There is no documentation which gives authority to the Rights Commissioner and the Labour Court to hear claims under the Act and therefore the findings can only be declaratory in nature. The Rights Commissioner and the Labour Court are acting outside the rules of natural justice and are biased against Employers.
DETERMINATION:
The employer attended the Labour Court hearing and argued that the Court had no jurisdiction to hear this appeal. Having previously argued that the Rights Commissioner had no right to hear the case, he claimed that both the Labour Court and the Rights Commissioner were acting outside the rules of natural justice and "were biased against all employers in this country".
As both the Rights Commissioner and the Labour Court have statutory jurisdiction to hear claims under the Act, the Court rejects these grounds of appeal.
In relation to the substantive claim the only argument made by the employer in relation to the Rights Commissioner's recommendation was, that while he accepted the claimant was owed holiday pay, it was 56 hours and not 92 hours as found by the Rights Commissioner.
The Court having considered the evidence before it, confirms the Rights Commissioner's Recommendation in this case, and upholds the award of €702 made by the Right Commissioner.
The appeal is rejected.
Signed on behalf of the Labour Court
Finbarr Flood
15th October, 2003______________________
JBChairman
NOTE
Enquiries concerning this Determination should be addressed to Jackie Byrne, Court Secretary.