FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CLARE COMMUNITY RADIO - AND - TOMMY KELLY DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of a Rights Commissioner's Decision R-055418-Wt-Pob
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioners Decision R-055418-Wt-Pob. The issue in dispute concerns the worker's claim that he was not paid any additional payment for working Bank Holidays or Sundays whilst in the employment of Clare Community Radio. The employer's position is that the issue brought to the Rights Commissioner and the appeal is outside the time limits allowed under the Organisation of Workin Time Act, 1997 and does not see any merit in responding to the claim.
The Public Holiday and Sunday payment issue was brought to a Rights Commissioner for investigation. His recommendation issued on the 4th March as follows:
" As the claim was submitted outside the time limits the Rights Commissioner is statute barred from hearing the complaint and therefore the claim fails."
On the 2nd April, 2008, the worker appealed the Decision of the Rights Commissioner in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 2nd July 2008 in Limerick.
WORKER'S ARGUMENTS:
3 1 The worker was not paid the correct Public Holiday entitlements or Sunday premium while in the employment of Clare Community Radio. This is a clear breach of the Organisation of Working Time Act, 1997 and unacceptable.
EMPLOYER'S ARGUMENTS:
4 1 The claim is being brought outside the time limits allowed under the Organisation of Working Time Act, 1997. As a result the Employer is not required to deal with the substantive issue being raised.
2 The Rights Commissioner accepted he was statute barred from dealing with the case on the basis of the expiry of the time limits. The Employer is of the view that the Labour Court is also statute barred from hearing the appeal.
DETERMINATION:
The claim was, by the admission of the claimant, submitted out of time and the Court does not therefore have jurisdiction to consider the appeal.
Signed on behalf of the Labour Court
Raymond McGee
21st July 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.