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 MONICA BURKE (REPRESENTED BY MR DESMOND BURKE) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appealing against a Rights Commossioner's Decision R-098549-Wt-10/Rg
BACKGROUND:
2. The Worker was employed with the Company from September 2008 until May 2010. It is the Worker's claim that she did not receive her full entitlements regarding Public Holidays. The Worker referred her case to a Rights Commissioner on 14th October, 2010. A Rights Commissioner's hearing took place on 7th March, 2011. The Employer was not in attendance. The Rights Commissioner found in 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.
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 €900.00.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 28th May 2010, initially for between 39 and 40 hours per week, however from September, 2009 for 30 hours per week. 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 informed the Court that she did not work on 3rd May 2010 and she accepted that she received a full day’s pay for the Public Holiday which fell on that day. Accordingly, the Court is satisfied that she received her entitlement under Section 21 and 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.