FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : RKSD LIMITED (REPRESENTED BY ESA CONSULTANTS) - AND - EDMONDAS PETRAUSKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Appealing Against A Rights Commissioner’S Decision R-061340-Wt-08/Sr
BACKGROUND:
2. The Worker 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 Act) on the 25th May, 2009.
The Court heard the appeal on the 28th June, 2010.The following is the Court's Determination:-
DETERMINATION:
This is an appeal by Mr Edmondus Petrausas against the decision of a Rights Commissioner in his claim against his former employer RKSD Limited. The claim is made under the Organisation of Working Time Act, 1997 and relates to non-payment in respect to two weeks annual leave to which the Cloaimant became entitled under the Act.
The Respondent (RKSD Limited) was informed of the time, date and venue at which the Court would hear the within appeal. THe Respondent failed to appear at the hearing.
The Court was told that the Claimant became entitled to two weeks annual leave in respect of which he was not paid. The Claimant's Solicitor put the value of the unpaid holidays at €1,100. On this uncontested evidence the Court accepts that the Claimant is due compensation under the Act in the amount of €1,100.
The Court hereby, directs the Respondent to pay to the Claimant compensation in the amount of €1,100 being the amount due to him in respect of annual leave to which he was entitled under the Act.
Signed on behalf of the Labour Court
Kevin Duffy
19th July, 2010______________________
DNChairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.