FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : J.A.C. SECURITY - AND - PAUL FENNELL DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Appeal of Rights Commissioner's decision WT10982/02/JH
BACKGROUND:
2. The worker concerned worked a 60 hour week for most of the weeks from 19th July 2001 until 26th June, 2002. During this time he took 20 days holidays and this was calculated on a 40 hour week. The worker disagreed with this calculation and a claim was referred to a Rights Commissioner for investigation. The Rights Commissioner's decision stated that she was satisfied that during the course of the worker's employment he received 20 days holidays and therefore full holiday entitlement for the period of his employment. She was further satisfied that the worker's holiday entitlement was calculated in accordance with his normal hours of working, excluding overtime, and that this was the correct calculation of his holiday pay. She therefore decided that the worker did not have a valid complaint under the Organisation of Working Time Act, 1997.
The employee appealed the Rights Commissioner's decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997, on the 24th April, 2003. The Court heard the appeal on the 15th August, 2003, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1 The worker's claim is based on the fact that his 20 day holiday pay was calculated on a 40 hour week rather than the 60 hour week which he normally did.
2. The worker claims that according to the information booklet on Holidays and Public Holidays (Organisation of Working Time Act, 1997) published by the Department of Enterprise, Trade and Employment, when calculating how many days holidays to which an employee may be entitled, thatemployers should include all hours worked including overtime.
3. In the Rights Commissioner's decision dated 21/03/2003 which states, "Further satisfied that the workers holiday entitlements were calculated in accordance with his normal hours of workingexcluding overtimeand this was the correct calculation of his holiday pay.
COMPANY'S ARGUMENTS:
3. At the hearing the Company did not make any written submission, but verbally accepted the Rights Commissioner's decision.
DETERMINATION:
The Court has considered the employee's appeal of the Rights Commissioner's recommendation. The Court is satisfied that the calculation of holiday pay was calculated in accordance with Section 20(4) of the Organisation of Working Time Act, 1997 as determined by S.I. No. 475 of 1997 Organisation of Working Time (Determination of Pay for Holidays) Regulations, 1997.
The decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd_September, 2003______________________
JB/Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jackie Byrne, Court Secretary.