FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : WORLD OF CONCRETE LTD - AND - MADAR GOBBINS, ROBERTAS RIMKUS, INGARS RUNCIS & AINARS SALENIEKS (REPRESENTED BY P. C. MOORE & CO SOLICITORS) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decisions R-046458-Wt-06/PoB; R-046773-Wt-06/PoB; R-046749-Wt-06/PoB: R-046952-Wt-06/PoB
BACKGROUND:
2. This case concerns an appeal of Rights Commissioner's Decisions R-046458-Wt-06/PoB; R-046773-Wt-06/PoB; R-046749-Wt-06/PoB and R-046952-Wt-06/PoB.
The issues in dispute are that the workers in question did not receive their correct annual leave entitlements, nor did they receive the required rest breaks and they frequently worked in excess of 48 hours per week, all in breach of the Organisation of Working Time (OWT) Act, 1997. The dispute was referred to a Rights Commissioner for investigation and Recommendation. The Rights Commissioner issued his Recommendation on 23rd July, 2007 and found in favour of the workers. He awarded compensation in relation to breachs under several pieces of legislation. It is the compensation in relation to the OWT Act, 1997 that is being appealed by the workers in this case. The appeal was submitted to the Court on 2nd August, 2007 in accordance with Section 28(1) of the OWT Act. A Labour Court hearing took place on 7th November, 2007.
UNION'S ARGUMENTS:
3 1 The workers were employed by the Respondent Company but were denied their rights under the Organisation of Working Time Act, 1997. The workers regularly worked in excess of 48 hours per week and did not receive the correct annual leave entitlements or the appropriate rest breaks.
DETERMINATION:
In the unexplained absence of the Company, the Court took evidence from each of the claimants that they worked hours, normally in excess of 48 per week, that they did not get breaks as directed in the Act, that they did not get holiday pay or an allocationof holidays in accordance with the Act.
The Court accordingly varies the Rights Commissioners Recommendation to provide for an award of compensation under the Organisation of Working Time Act, 1997 to each claimant of €7,000.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
4th December 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.