FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : STEEL INDUSTRIES RATHCOOLE LIMITED - AND - MATEUZS SIERON (REPRESENTED BY POLISH CONSULTANCYE) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Decision No: r-084787-wt-09/GC
BACKGROUND:
2. The Complainant worked for the Respondent Company as a welder/metal fabricator from 16 April 2007 until 4 September 2009. His rate of pay was initially €10.25 per hour. In March 2009 this was reduced to €9.13 without his consent. The Complainant took a complaint against the Respondent company to the Rights Commissioner pursuant to the provisions of the Payment of Wages Act and was successful in that regard. He also initiated a number of complaints against the Respondent pursuant to the Organisation of Working Time Act 1997 (the Act). He specifically complained that the Respondent had acted contrary to the provisions of Sections 17, 19 and 21 of the Act. The Rights Commissioner investigated the complaint and found against the Complainant under all headings. The Complainant appealed the Rights Commissioner Decisions’ to the Labour Court pursuant to Section 28(1) of the Act. The employer was notified of the date and time of the hearing but did not attend or correspond with the Court in relation to the appeal. A Labour Court hearing took place on 23rd September, 2010.
WORKER'S ARGUMENTS:
Notice of Overtime Working (Section 17) : -
The Claimant said that contrary to Section 17 of the Act, he was not notified of the days on which he was required to perform “additional hours” at least 24 hours before the day on which he was required to perform such work.
Calculation of Holiday Pay (Section 19): -
The Claimant submitted that his holiday entitlement for 2009 was based on the unlawfully reduced rate of pay of €9.13 per hour rather than the €10.25 to which he was entitled. Accordingly he was underpaid in the amount of €87.36.
Calculation of Public Holiday Pay (Section 21) : -
The Claimant stated that he was paid at the reduced rate of €9.13 per hour in respect of the May, June and August public holidays in 2009. He submitted that this reduction in pay had been deemed to be contrary to the provisions of the Payment of Wages Act and accordingly he was entitled to the shortfall in the amount he was paid which totalled €26.20.
DETERMINATION:
Calculation of Holiday Pay (Section 19) and Calculation of Public Holiday Pay (Section 21):
The Complaints made pursuant to Sections 19 and 21 of the Act are rejected as they fell to be dealt with under the terms of the Payment of Wages Act under which statute the Complainant successfully prosecuted a complaint and was compensated in respect of the unlawful deductions in wages made by the Respondent.
Notice of Overtime Working (Section 17):
As the Respondent did not make an appearance or enter any defence against the complaint made under Section 17 of the Act, the Court finds for the Complainant and awards him the sum of €150.
The Rights Commissioner’s decision is accordingly set aside.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
15th November 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.