FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : REILLY SCAFFOLDING - AND - DENIS GALLAGHER (REPRESENTED BY MEATH CITIZENS INFORMATION SERVICE) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal Of A Rights Commissioner's Decision R-064603-Wt-08/Jt
BACKGROUND:
2. The issue before the Court is an appeal by the Company of the Rights Commissioner's Decision No. R-064603-WT-08/JT. The worker concerned was employed with the Company from April 2007. It is his claim that on his return from holidays in November, 2007 he was told there was no work for him. He sought holiday pay owed to him by the Company but it was never received.It is the Company's position that it informed the worker in November that work had slowed down and he would be contacted if and when things picked up. The Company was not in a position to pay the holiday pay due to the worker at that time. The worker referred a case of alleged infringements of the Organisation of Working Time Act, 1997 to a Rights Commissioner for investigation and Decision. The Rights Commissioner's Decision was as follows:
"Having considered the submission made on behalf of the claimant and as there was an unexplained absence of the respondent, I accept the uncontested evidence of the claimant. I have considered the amount of holidays owed to him and the fact that the respondent had never replied to the claimant in relation to his entitlements. I therefore have decided under the Act that the claimants case is well founded and award him €2,500 in compensation for his loss."
The Company appealed the Rights Commissioner's Decision to the Labour Court, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 11th February, 2009.
WORKER'S ARGUMENTS:
3. 1 The Company owe the worker for 10 days holiday pay.
COMPANY'S ARGUMENTS:
4. 1 The Company was not in a position to pay the holiday pay at the time as it was owed money from customers. The Company received no letter from the worker requesting the holiday pay.
DETERMINATION:
Having considered the submissions made to it, the Court determines that the claimant should receive the sum of €1,560 in respect of the 10 days holiday pay due and a further €940 in respect of the breach of the Act, making a total of €2,500.
The Court therefore upholds the decision of the Rights Commissioner and dismisses the appeal.
The Court so determines.
Signed on behalf of the Labour Court
Raymond McGee
28th February, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.
WTC/08/179DETERMINATION NO. DWT0913
(R-064603-wt-08/JT)
SECTION 39(2), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES :
REILLY SCAFFOLDING LIMITED
- AND -
DENIS GALLAGHER
(REPRESENTED BY MEATH CITIZENS INFORMATION SERVICE)- AND -
DENIS GALLAGHER
SUBJECT:
1. Appeal Of A Rights Commissioner's Decision R-064603-Wt-08/Jt
BACKGROUND:
2. An application has been made by the employee that Determination No. DWT0452 does not correctly state the name and address of the employer, the Correct name being Reilly Scaffolding Limited, Clonkill, Mullingar, Co. Westmeath.
DETERMINATION:
In exercise of its powers under Section 39(2) of the Organisation of Working Time Act, 1997 the Court determines that the name of the Employer in Determination Number DWT0913 shall be change from Reilly Scaffolding, Clonkill, Mullingar Co. Westmeath to Reilly Scaffolding Limited, Clonkill, Mullingar, Co. Westmeath.
Signed on behalf of the Labour Court
Kevin Duffy
19th April, 2010______________________
DN
Chairman