FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ROCHELLE FOODS LTD - AND - ANNA-MARIE FLANAGAN DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Decision R-035501-Ma-05/TB.
BACKGROUND:
2. The Claimant was employed by the Company for a period of ten days from 18th January 2005 to 28th January, 2005 when she was let go due to the lack of available work. The Claimant maintains that she did not receive holiday pay in respect of the time worked. During this time the Claimant worked a total of 46 hours inclusive of her breaks. Her holiday entitlement based on the hours she worked was 3.6 hours. She was paid at the rate of €10 per hour which would entitle her to a payment for holidays of €36.80.
The issue was referred to a Rights Commissioner for investigation and decision. The Rights Commissioner upheld the complaint in respect of holiday pay and awarded the Complainant 6 hours holiday pay in the amount of €60.
The Company did not attend the Rights Commissioner hearing as they were not aware that the hearing was taking place on that particular day. However, the Company accepted the Rights Commissioner recommendation and paid the Claimant the amount recommended.
The Claimant appealed the decision to the Labour Court on the 15th January, 2006, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997.
The Court heard the appeal on the 17th May, 2006.
DETERMINATION:
The Court is satisfied that the amount awarded to the Claimant by the Rights Commissioner corresponds to what was due and owing to her in accordance with Section 23 of the Act.
Accordingly the appeal is disallowed and the decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
22nd May, 2006______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.