FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BRADLEY CONSTRUCTION LTD - AND - JOHN MCGONIGLE DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decision WT18869/04/TB.
BACKGROUND:
2. The worker concerned was employed as a Chef by the Hotel from 7th July , 2003, until he left on the 11th January, 2004. He was paid €9 per hour and worked 40/45 hours per week.
The issue before the Court is a claim for payment of a Sunday Premium in respect of Sundays he worked and also for payment for Public Holidays.
The claim was referred to a Rights Commissioner for investigation. His decision issued on the 21st October, 2004, in which he upheld the worker's complaint and awarded him €1,500 in compensation.
The worker appealed the Rights Commissioner's decision to the Labour Court on the 12th November, 2004, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 9th March, 2005.
WORKER'S ARGUMENTS:
3. 1.The worker concerned is entitled to payment for Sundays worked and for Public Holidays during the period 7th July, 2003 to 11th January, 2004.
COMPANY'S ARGUMENTS:
4. 1. The Company agree that the worker has not been paid the Sunday Premium or for Bank Holidays worked.
DETERMINATION:
The claimant claimed payment in respect of working on Sundays and on Public Holidays.
The respondent agreed that monies were due to the claimant under each of the headings claimed. The claimant was not provided with pay slips and while the claimant did sign time sheets recording his attendance hours, these were not retained by the respondent.
There is no doubt that the Act was contravened by the respondent in relation to the claimant. In dealing as best it can with the information available, the Court is of the view that the claimant should receive a further €500 in compensation in addition to that awarded by the Rights Commissioner for the infringements of the Act of which he complained.
The appeal is allowed and the decision of the Rights Commissioner is amended so as to substitute an award of €2,000 for that contained therein.
Signed on behalf of the Labour Court
Kevin Duffy
21st March, 2005______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.