FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CYBERPLEX PLANET SATURN LIMITED T/A EAST END HOTEL (REPRESENTED BY J.D. SCANLON & COMPANY SOLICITORS) - AND - WILLIAM LOUGHRAN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Decision WT9082/02/LM.
BACKGROUND:
2. The worker claims that he was employed as a barman in the East End Hotel which was taken over by a new owner in April, 2002. Following an incident with the new owner, he left his job on the 28th of April, 2002, and claims that he was owed 2 weeks' holiday pay. At the time his take-home pay was €320 per week. The employer maintains that the worker was paid all monies due to him although he accepted that he had no records from the period to prove whether the worker did or did not receive the holiday pay.
The dispute was referred to a Rights Commissioner and his decision was as follows:-
"On the uncontested evidence of the claimant, the claimant is to be paid the sum of €640 by his former employer. This figure represents two weeks salary at €320 per week."
The Company appealed the decision to the Labour Court on the 16th of June, 2003, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 30th of March, 2004, in Portlaoise.
COMPANY'S ARGUMENTS:
3. 1. The worker left his employment without notice and was paid holiday pay and wages up to the date of termination (the Company supplied a list of payments made to the worker up to the 16th of May, 2002).
WORKER'S ARGUMENTS:
4. 1. The worker maintains he was entitled to 2 weeks' holiday pay when his employment terminated in April, 2002, which he did not receive.
DETERMINATION:
This is an appeal by the Company against the decision of the Rights Commissioner in WT9082/02/LM who found that the complaint under the Organisation of Working Time Act, 1997, was well founded.
The solicitor for the appellant produced for the Court a document specifying payment of one week's pay as compensation for outstanding leave, at the employee's cessation of employment on 28th April, 2002. The respondent, on the other hand, was emphatic in his evidence that he had not received any such payment and sought compensation for two weeks' annual leave.
The Court is not satisfied that the documentary evidence produced was evidence of payments actually made at the cessation of his employment. Accordingly, the Court finds that the complaint herein is well founded.
The appeal herein is disallowed and the decision of the Rights Commissioner, awarding the respondent compensation in the amount of €640, is affirmed.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th April, 2004______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.