FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TONY BRENNAN T/A TONY'S CATERING SERVICES (REPRESENTED BY PAUL A. FERRIS & CO. SOLICITORS) - AND - MS GEORGINA FARRELL DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appealing against a Rights Commissioner's Decision R-098548-Wt-10/Rg
BACKGROUND:
2. The Worker's employment with the Company ended in May, 2010. The Worker brought a claim before the Rights Commissioner that she did not receive her full entitlements with regard to Public Holidays while employed by the Company. A Rights Commissioner's hearing took place on 7th March, 2011. The Employer was not in attendance. The Rights Commissioner found in her favour of the Worker.
On the 27th June, 2011 the Employer appealed the Rights Commissioner's Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 11th October, 2011. The Worker was not in attendance.
DETERMINATION:
The Claimant brought a complaint before a Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) alleging breaches of Section 21 of the Act. The Rights Commissioner upheld the complaints and awarded the sum of €500.00.The Employer appealed the decision of the Rights Commissioner.
The Employer did not attend before the Rights Commissioner for reasons which were explained to the Court.
The Claimant was employed by the Respondent from September 2008 until 20th May 2010, she worked 20 hours per week on average. The claim was referred to the Rights Commissioner on 14th October 2010, therefore the relevant period for consideration of the claim is from 15th April 2010 until 28th May 2010. The May Public Holiday fell on 3rd May 2010 that year.
The Claimant did not attend before the Labour Court for the hearing of the appeal.
The Employer produced evidence to substantiate its position that the Claimant had been paid a full day’s pay for the Public Holiday which fell on 3rd May 2010 and the Claimant had not worked on that day. Accordingly, the Court finds that there was no breach of the Act.
The Court has considered the Employer's appeal of the Rights Commissioner's Decision and overturns the findings of the Right’s Commissioner. Accordingly the appeal succeeds.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th October, 2011______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.