FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GERRY MCCABE CONSTRUCTION - AND - MR JOHN BEIRNE DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decision R-033821-Wt-05/GF.
BACKGROUND:
2. The worker concerned was employed by the Company for the period 30th May 2004 until his employment was terminated on the 5th March 2005.
The issue before the Court is a claim by the worker for 4 days outstanding holiday pay. He also claimed for three days sick pay for which he claims he received no payment and compensation for a period during which he was unable to draw a stamp as he had not received his P45. These matters could not be considered by the Court under the Act.
The Company did pay the worker for 4 days holidays and one weeks wages in lieu of notice in October 2005. The Worker had originally claimed for 8 days holidays.
The worker referred his claim to a Rights Commissioner for investigation. As the worker failed to attend the hearing the case was struck out by the Rights Commissioner.
The worker appealed the Rights Commissioner’s decision to the Labour Court on the 13th September 2005, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 7th July, 2006, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1.The worker failed to attend the Rights Commissioner's hearing due to a mix up in dates.
2. The amount paid to the worker in Holiday Pay was based on his wages before he received an increase in pay, therefore there is still an outstanding amount due.
3. The worker believes that the Employer paid other employees sick pay and had an expectation that he would also be paidfor his sick absence.
COMPANY'S ARGUMENTS:
4. 1.The Company states that there is very little between the parties and are willing to pay the worker his holiday pay based on the increased salary he was in receipt of at the time he ceased employment with the Company.
2. The Company do not have an issue with paying the worker for his sick absence.
DETERMINATION:
The Court, having considered the submissions made by the parties, awards the Claimant the sum of €400 in full and final settlement of the matters dealt with by the Rights Commissioner under the Act.
The Court therefore so decides and overturns the recommendation of the Rights Commissioner and allows the appeal.
Signed on behalf of the Labour Court
Raymond McGee
8th August, 2006______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.