FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MEMORY NYAZIKA - AND - SANDRA DZUMBIRA (REPRESENTED BY MIGRANT RIGHTS CENTRE IRELAND) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Appeal of Rights Commissioner’s Decision R-082256-WT-09/JC
BACKGROUND:
2. The Employee 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 the 3rd June 2010. The Court heard the appeal on the 19th November 2010, the earliest date suitable to the parties.
The following is the Court's Determination:
DETERMINATION:
Background
This is an appeal by Ms Memory Nyazika (the Respondent) against the decision of Rights Commissioner in a claim by Ms Sandra Dzumbira (the Claimant) under the Organisation of Working Time Act 1997.
The Rights Commissioner found that the Claimant had not received her full entitlement to annual leave and public holidays under the Act. The Rights Commissioner awarded the Claimant compensation in the amount of €3,500.
The factual background to the Claimant’s employment is more fully set out in the Determination of the Court in the Claimant’s complaint under the National Minimum Wage Act 2000 (Determination No. MWD1015).
Determination
The Respondent did not maintain records in accordance with s.25 of the Act. Accordingly the Respondent bears the legal burden of proof in this case. The Court did not find the Respondent’s evidence on the extent of her compliance with the Act more convincing than that tendered by the Claimant. Accordingly the Court finds that the Respondent has failed to prove compliance with the Act in respect to the subject matter of the within complaint.
The Court finds itself in full agreement with the findings and conclusion of the Rights Commissioner. Accordingly the Decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
26th November 2010______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.