FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MCR PERSONNEL LIMITED - AND - ADAM BARNOWSKI (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appealing against a Rights Commissioner’s Decision R-098585-Wt-10/EH, R-099271-Wt-10/EH
BACKGROUND:
2. The case before the Court concerns a claim by the Worker in relation to an appeal of a Rights Commissioner's Decision. The Worker claimed that during the time of his employment the Employer breached several sections of the Organisation of Working Act, 1997. The matter was referred to a Rights Commissioner for investigation. The Rights Commissioner found in the Worker's favour and awarded him compensation in the amount of €2,500. 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 on the 2nd March, 2011. The Court heard the appeal on the 4th August, 2011 the earliest date suitable to the parties.The following is the Court's Determination:
DETERMINATION:
- This is an appeal by Adam Barnowski (the Claimant) against the decision of a Rights Commissioner in his claim against his former employer MCR Personnel Limited (the Respondent) under the Organisation of Working Time Act 1997 (the Act). The Rights Commissioner found that the Respondent had contravened the Act in a number of respects. He awarded the Claimant compensation in the amount of €2,500.
The Claimant appealed to the Court against the quantum of the award. There was no cross appeal.
InVon Colson & Kamann v Land Nordrhein – Westfalen[1984] ECR 1891 the ECJ has made it clear that where such a right grounded in European law is infringed the judicial redress provided should not only compensate for economic loss sustained but must provide a real deterrent against future infractions. Having regard to all the circumstances of this case the Court is not satisfied that the quantum of the award made by the Rights Commissioner meets the standard required by the ECJ in that case.
The Court measures the appropriate level of compensation at €5,000 and varies the Decision of the Rights Commissioner accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
15th August 2011______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.