FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TIERNEY KITCHEN CABINET MANUFACTURERS LTD - AND - MR WALDERMAR MIOTK (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Decision R-080389-Wt-09/EH
BACKGROUND:
2. The Claimant appealed the Rights Commissioner's Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on June 24th, 2010. The Court heard the appeal on October 26th 2010, the earliest date suitable to the parties. The following is the Determination of the Court:
WORKER'S ARGUMENTS:
3.1. The Worker was inadequately compensated for working on a Sunday.
2. Insufficient notice was given to the Worker when he was required to work overtime hours.
3. The Worker contends that he did not receive his full annual leave entitlements.
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 14, 15 17 and 19 of the Act. The Rights Commissioner upheld the complaints and awarded the sum of €1,500.00.The Claimant appealed the quantum of the award decided by the Rights Commissioner.
The Employer did not attend before the Rights Commissioner and did not attend before the Labour Court.
The Court has considered the Claimant's appeal of the Rights Commissioner's Decision and concurs with the findings of the Rights Commissioner, however it does not find grounds to award a higher amount and accordingly upholds the Rights Commissioner's Decision. The appeal fails.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th November 2010______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.