FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : WESTSIDE FORMWORK LIMITED (REPRESENTED BY FRANCIS BROPHY & COMPANY CHARTERED ACCOUNTANTS) - AND - DARIUS POZINGIS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal against a Rights Commissioner's Decision r-073385-wt-08/MMG.
BACKGROUND:
2. The Complainant was employed as a concrete finisher from August 2006 until November 2008. He brought a claim alleging breaches of the Organisation of Working Time Act 1997 but due to his non-attendance at the Rights Commissioner's hearing the claim failed for want of prosecution. 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 15th October, 2010.
The Court heard the appeal on the 11th January, 2011, the earliest date suitable to the parties.
COMPLAINANT'S ARGUMENTS:
3. 1. Due to his non-attendance his appeal could not proceed, which his Solicitor, Mr Richard Grogan accepted.
COMPANY'S ARGUMENTS:
4. 1. The Employer categorically denies any breach of the Act but does accept that four days' holiday pay is due to the Complainant after he failed to report for work.
DETERMINATION:
The claim before the Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) failed for lack of prosecution. The Complainant appealed the Decision to this Court.
The Complainant failed to attend the appeal hearing before the Court and his appeal therefore could not proceed which his Solicitor, Mr Richard Grogan, accepted.
The Employer, however, accepted that there was outstanding annual leave due to the Complainant to the value of €476.16, which the Complainant’s Solicitor agreed.
The Court sets aside the Rights Commissioner's Decision and decides that the Employer must pay to the Complainant the agreed sum of €476.16 in respect of the breach of Section 23 of the Act.
The Court so decides
Signed on behalf of the Labour Court
Caroline Jenkinson
17th January, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.