FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MILANO PIZZA EXPRESS - AND - TOMASZ JAWORSKI DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal Of Rights Commissioner's Decision R-045961-Wt-06/Jt
BACKGROUND:
2. The worker was employed with the company from February 2005 to July 2006. The annual holiday allowance for the position he held was 23 days. Until January 2006, the company's financial year ran from 1st July to 31st June. It then changed to from 1st April to 31st March. The Company believes the confusion over hours worked is due to this change. The worker contends that the company did not pay him for nine days holiday he is owed.The employee appealed the Rights Commissioner's decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working TIme Act, 1997 on the 12th May, 2007. The Court heard the appeal on the 29th August, 2007, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1 The worker was entitled to 23 days holiday per annum. He worked seventeen months for the company and was on holiday for a total of 24 days. The Company paid for 24 days holiday but did not pay him for the other nine he was entitled to.
2 The worker's claim is for €576 for nine days holiday owed and €150 in compensation. The total claim is for €726
COMPANY'S ARGUMENTS:
4. 1 Holiday hours are not transferable from one financial year to the next. This is stated in the company handbook and explained to staff on their induction day. The change in the financial year dates and its implications were communicated to staff at a meeting and on the staff notice board.
2 The company is registered in Ireland and therefore is subject to Irish Employment law. On average anyone employed by the company for under five years, service would accrue holiday pay at 9% of the total hours worked. Working from this basis, the worker would have been entitled to 280.26 hours holiday pay. Therefore the worker is due 55.64 hours at a rate of €8.32 per hour. This is a total of €462.95
DETERMINATION:
Having considered the submissions made by the parties, the Court awards the agreed figure of €462.95 in respect of outstanding annual holiday pay and also awards the sum of €100 to the claimant in compensation for the breach of the Act, making a total award of 562.95 to the claimant.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
4th October, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.