FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TEMPLE ENTERTAINMENT LTD - AND - ADRIAN KIRWAN (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decision WT13554/03/TB.
BACKGROUND:
2. The worker concerned was employed by the Company from August, 2001 to November, 2002.
The issue before the Court is that the worker was obliged to work most Sundays and Public Holidays during the period of his employment. He did not receive any payment or time in lieu for the time worked.
The issue was referred to a Rights Commissioner for investigation. He decided that the employer should pay €1000 to the claimant in compensation.
The Union appealed the decision to the Labour Court on the 30th of October,2003, in accordance with Section 28(1) of the Organisation of Working time Act, 1997. The Labour Court heard the appeal on the 24th of March, 2004.
UNION'S ARGUMENTS:
3. 1. The Union made a number of attempts to meet with the employer in order to address the issue of payment for Sundays and Public Holidays.
2. The Company did not compensate the worker for working on Sundays and Public Holidays.
COMPANY'S ARGUMENTS:
4. 1.The Company state that the worker received a day in lieu for all Bank Holidays worked.
DETERMINATION:
The Court taking into account all of the written and oral submissions before it, finds the Rights Commissioner's decision and award to be reasonable
The Court therefore upholds the Rights Commissioner's decision, rejects the appeal and awards the sum of €1000 to the worker.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
5th May, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.