FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CREATIVE PROMOTIONS LIMITED - AND - MARTIN WOODS (REPRESENTED BY CITIZENS INFORMATION CENTRE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Decision WT15983/03/JH.
BACKGROUND:
2. The appeal concerns a worker who was employed by the Company from January, 2003 to May 2003 when he left the employment. His working week was 50 hours per week and his wages were €10 per hour. The worker gave his employer two weeks notice of termination instead of the one month stipulated in his contract of employment. The Company withheld payment of holiday pay and ten hours wages against the term of the worker's contract relating to notice and the following term which states " the company reserve the right to be reimbursed for all training you receive if you break this contract and monies owed can be withheld". The Company maintained that a training period of four weeks was required. The worker claimed that he was owed arrears of holiday pay and wages amounting to €627.27 and that the Company's action in withholding holiday pay was in contravention of the terms of the Organisation of Working Time Act, 1997. The Company rejected the claim. The dispute was referred to a Rights Commissioner for investigation and recommendation. On the 5th July, 2004 the Rights Commissioner issued her decision as follows:
"Conclusion
On the substance of the complaint I am satisfied that the contract does not provide a reasonable basis for withholding Mr Woods holiday pay. In decision PW 159802/03 I have upheld the company's deduction of €100 in respect of outstanding wages against the contract. On the issue of the calculation I am satisfied from the payslips available the average hours worked was 49 rather than 50. This equals a total of 784 hours multiplied by 8% equals 62.72 hours multiplied by €10 equals €627.27 gross. Allowing a deduction of 35% in respect of tax and PRSI this leaves a net amount owing of €470.40.
Decision
I find in all the circumstances that Martin Woods has a valid complaint in respect of outstanding holiday pay. Creative Promotions Ltd are to pay Martin Woods the sum of €470.40 net in settlement of his complaint under the Organisation of Working Time Act, 1997".
On the 11th August, 2004 the Company appealed the Rights Commissioner's Decision to the Labour Court. The Court heard the appeal in Dundalk on the 6th May, 2005
DETERMINATION:
The Court has considered the submissions of the parties and can see no basis upon which it could disagree with the Decision of the Rights Commissioner.
The Court is satisfied that the respondent is liable to pay the claimant the sum of €470.40 in accordance with the Decision of the Rights Commissioner.
The appeal herein is disallowed and the Decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
18th May, 2005______________________
TOD/BRChairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.