FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : O'TOOLE HEATING & PLUMBING SERVICE - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Holiday Pay
BACKGROUND:
2. It is the Worker's claim that he is owed holiday pay for the period he was with the Company. The Worker stated that he began with the Company in August 2006 and finished in July 2007. He received two weeks holiday's at Christmas but received no holiday entitlements for the period from 17th January to 14th July 2007. The Company claim that he did not commence employment until close to the end of September 2006. He was paid for two weeks holidays at Christmas when he was only with the Company for 12 weeks.
On the 23rd January, 2008 the Worker referred the issue to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 A Labour Court hearing took place on the 4th April, 2008. The Worker agreed to be bound by the Court's Recommendation.
WORKER'S ARGUMENTS:
3. 1 The Worker was not paid for his holiday entitlements for the period 17th January to 14th July 2007.
2 The Worker was not given payslips. He was supplied with four payslips on request because he needed to open a bank account.
COMPANY'S ARGUMENTS:
4. 1 The Worker received two weeks paid holiday at Christmas when he was only 12 weeks with the Company. He was paid all bank holidays, church holidays and builders holidays. If the Worker ever requested time off here and there he was never stopped wages.
2 The Worker was paid well for semi-skilled worker. On termination of his employment he recieved his wages due.
RECOMMENDATION:
Having considered the submissions of the parties, the Court has computed that the employer should pay and the claimant should accept the sum of €350 in respect of outstanding holiday entitlement in full and final settlement of this matter.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
23rd April, 2008______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.