FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TOM MEEGAN PLANT HIRE LIMITED - AND - ANDY CULLIVAN REPRESENTED BY JOANNE KANGLEY SOLICITOR DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal of a Rights Commissioner's Decision r-055748-wt-07/SR.
BACKGROUND:
2. This case concerns an appeal by the employer of Rights Commissioners Decision r-055748-wt-07/SR. The issues in dispute related to hours of work, annual leave and public holiday entitlement under the Organisation of Working Time Act, 1997.
The worker claims to have worked in excess of 48 hours per week during his employment with the Company. It is also his contention that he was not paid Public Holiday entitlement for the Public Holidays that occurred during his employment. The Employer contends that all entitlements were paid during the worker's six weeks of employment with the Company.
The issue was referred to a Rights Commissioner for investigation. His Decision issued on 13th February, 2008 as follows:
"Based on the uncontested evidence of the claimant, Mr Andy Cullivan, I find his complaint to be well founded,and I require the respondent, Mr Tom Meeganto pay him compensation in the sum of €2000 nett. The sum to be paid to the claimant within four weeks of the date of this Decision."
On the 18th March, 2008 the employer appealed the Rights Commissioner's Decision on the basis that he had not received notification of the Rights Commissioner's Hearing.
The Labour Court heard the appeal on Wednesday 11th June, 2008 in Cavan.
WORKER'S ARGUMENTS:
3. 1. The worker was employed from April 2007 until July 2007. During his period of employment he worked in excess of the statutory maximum of 48 hours per week under the Organisation of Working Time Act, 1997.
2. The worker was not paid the appropriate Holiday or Public Holiday entitlement under the Organisation of Working Time Act, 1997.
COMPANY'S ARGUMENTS:
4. 1. The worker was paid all his entitlements in relation to hours worked and in relation to entitlements in respect of Holidays and Public Holidays.
DETERMINATION:
The Court, having considered the submissions of the parties, awards the claimant €600 in respect of lost earnings regarding Holiday Pay and Public Holidays and €600 in respect of breaches of the Act and failure to keep records.
The Court, therefore, decides to vary the Decision of the Rights Commissioner and awards total compensation of €1,200 to the claimant.
The Court so determines.
Signed on behalf of the Labour Court
Raymond McGee
27th June, 2008.______________________
AH.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.