FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOHNNIE COEN TRADING AS SALTHILL EXPRESS DELIVERY SERVICE - AND - PAUL DUNBAR DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Decision WT19443/04/JH.
BACKGROUND:
2. The worker was employed by the Company / employer from 26th June, 2003, until 23rd of December, 2003. On termination of his job he sought his P45 and holiday pay ( he had already received €320 for 5 days' holidays). The employer did not attend the Labour Court hearing but in his appeal of the Rights Commissioner's decision he claims that he left the P45 and holiday pay for the worker to collect. The worker maintains that there was no money with the P45.
The worker referred his case to a Rights Commissioner and her decision was as follows:-
"Based on the submission made by Mr. Dunbar and for the reasons set out in the foregoing I find that he has a valid complaint under the Organisation of Working Time Act 1997. Johnnie & Barbara Coen trading as Salthill Express Delivery Service are to pay Paul Dunbar the sum of €2,310.40 being €2,000 in compensation and €310.40 in outstanding entitlements in full and final settlement of his complaint under the Organisation of Working Time Act 1997".
The employer appealed the decision to the Labour Court on the 4th of October, 2004, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 23rd of March, 2005, in Galway. The following is the Court's determination:
DETERMINATION:
The employer, having appealed the recommendation of the Rights Commissioner, failed to attend the hearing and prosecute the appeal.
The Court is satisfied that the claimant incurred additional inconvenience and expense in attending before the Court and in preparing for the appeal. In these circumstances the Court determines that the award of compensation recommended by the Rights Commissioner be increased by €500 to one of €2,810.40.
The employer's appeal is disallowed and the recommendation of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
6th April, 2005______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.