FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PETER BRADY - AND - ROBERT FILIPIAK (REPRESENTED BY POLISH CONSULTANTCY ENTERPRISE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner’s Decision r-077057-wt-08/EH.
BACKGROUND:
2. This case concerns an appeal by the Employer of Rights Commissioner's Decisionr-077057-wt-08/EH.The Worker was employed by the Company from 1st September, 2008, until 13th January, 2009.The Worker referred a case of alleged infringements of the Organisation of Working Time Act, 1997, to a Rights Commissioner for investigation and a hearing was arranged for 22nd July, 2009. The Employer did not attend the Rights Commissioner hearing. On 7th August, 2009, the Rights Commissioner issued the following Decision:
- "Based on the uncontested evidence I have decided the claim was well founded. I require employer to pay compensation of €1,250 to be paid within six weeks."
The Company appealed this Decision to the Labour Court on 7th September, 2009, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 2nd March, 2010.
DETERMINATION:
The Claimant brought a complaint before a Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) alleging breaches of Sections 19 and 21. The Rights Commissioner upheld the complaints and awarded the sum of €1,250.00. The Employer appealed the decision of the Rights Commissioner.
The Employer did not attend before the Rights Commissioner for reasons, which were explained, to the Court.
The Court has considered the employer's appeal of the Rights Commissioner's recommendation. Based on an examination of the submissions made by both parties the Court concurs with the Rights Commissioner’s findings that the claimant has not received his full annual leave entitlement under the terms of Sections 19 and 21 of the Act. Therefore, the claimant is entitled to 5 days annual leave and 4 public holiday entitlements.
The Court awards the sum of €630.00 as compensation for the breeches of the Act. Taking account of employers circumstances as outlined at the hearing, the Court sees no reason to award a higher amount and accordingly varies the Rights Commissioner's decision.
Therefore, the Court determines that the employer must pay the sum of €630.00 in respect of the claims under the Organisation of Working Time Act 1997.
An order will be made in the claimant's favour in that amount.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th March, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.