FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ALAN WALSH/AB LANTIS TRADING AS BUNS & TUMS - AND - NADINE URCH DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Decision R-041459-WT-06/MMcG
BACKGROUND:
2. The worker was employed between October, 2005, and January, 2006, as a gym receptionist. She claims that she had continuous trouble getting paid by her employer, including "bounced" cheques. Whilst the worker was on holidays in January, 2006, she was dismissed and believes that the reason was that the employer did not want to pay her the money due to her.
The worker referred her case to a Rights Commissioner and a hearing was due to take place on 1st May, 2007. However neither party turned up for the hearing. The Rights Commissioner's decision was as follows:
"As neither the claimant nor a representative on her behalf were in attendance at the hearing the complaints under the Wages Act and the Organisation of Working Time Act fail for want of prosecution."
The worker appealed her case to the Labour Court on the 31st July, 2007, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A hearing took place on the 13th December, 2007. The employer did not attend the hearing. The following is the Court's determination:
DETERMINATION:
Based on the uncontested evidence of the Claimant, the Court finds that Nadine Urch is owed one week's holiday pay, valued at €400. The Court, accordingly, varies the recommendation of the Rights Commissioner and awards the claimant €400 against the employer.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
9th January, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.