FULL RECOMMENDATION
SECTION 28(1); ORGANISATION OF WORKING TIME ACT; 1997 PARTIES : GROOMES G.V.S. - AND - NORMUNDAS VILCMIJERS DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision R-045015-WT-06/TB.
BACKGROUND:
2. The dispute concerns the Claimant who was employed as a driver by the Company from May, 2005 to the 3rd August, 2006. The Claimant stated that he was not paid anything extra for working on a Bank Holiday. He stated that he came into work on a Bank Holiday to load the van but was not paid anything extra.
The Respondent claims that the Claimant was not required to attend work on a Bank Holiday as no deliveries took place then.
The matter was referred to the Rights Commissioner Service for investigation and the following is his decision:-
"It was clear from the hearing that the respondent did not keep proper records of hours of work worked by the claimant as set out in the statutory instrument No. 473 of 2001.
In the absence of proper records I uphold the complaint and I require the respondent to pay the claimant €1000 in compenstion".
The Company appealed the Rights Commissioner’s decision to the Labour Court on the 22nd January, 2007, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 12th April, 2007.
The following is the Court's Determination:
DETERMINATION:
In all the circumstances of this case as outlined, the Court finds that records were not kept in the form prescribed under the Act and accordingly decides that the Right Commissioner's Recommendation should be upheld.
Signed on behalf of the Labour Court
Raymond McGee
18th_April, 2007______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jackie Byrne, Court Secretary.
WTC/07/10 DETERMINATION NO. DWT0718
SECTION 28(8), ORGANISATION OF WORKING TIME ACT,1997
PARTIES:
GROOMES G.V.S.
- AND-
NORMUNDAS VILCMIJERS
- AND-
NORMUNDAS VILCMIJERS
SUBJECT:
1. Complaint that a Rights Commissioner's Decision has not been implemented,
No.DWT 0718.
BACKGROUND:
2. An application has been made by the employee under Section 39(2) of the Organisation of Working Time Act, 1997, that Determination No. DWT0718 does not correctly state the name of the employer, the correct name being G.V.S. LIMITED.
DETERMINATION:
In exercise of its powers under Section 39(2) of the Organisation of Working Time Act, 1997, the Court determines that the name of the employer in Determination No. DWT0718 shall be changed from Groomes G.V.S. to G.V.S. Limited.
Signed on behalf of the Labour Court
3rd August, 2007
Raymond McGee
___________________________
Deputy Chairman