FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR YOUSSEF DADIK - AND - MS RITA TEVELIONIENE (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Decision r-111614-wt-11/RG
BACKGROUND:
2. This case concerns an appeal by the Worker of Rights Commissioner's Decision r-111614-wt-11/RG. The issue concerns a claim by the Worker that she was not provided with the correct annual leave and public holiday entitlement while on maternity leave. The issue was referred to a Rights Commissioner for investigation. Her Recommendation issued on the 24th February, 2012 and awarded €1000.00 in compensation for the alleged breaches. On the 6th March, 2012 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 6th July, 2012. The Employer did not attend the Court hearing
WORKER'S ARGUMENT:
3 1 The Worker is appealing the quantum of the compensation as the award given by the Rights Commissioner is inadequate given the nature of the breaches that took place.
DETERMINATION:
This is an appeal by Ms. Rita Tevelioniene (the Complainant) against the Decision of a Rights Commissioner in her claim against her former Employer Mr Youssef Dadik (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 relating to annual leave and public holidays while the Complainant was on maternity leave. She awarded the Complainant compensation in the amount of €1,000.
The Complainant appealed to the Court against the quantum of the award. There was no cross appeal. The Respondent did not attend before the Court for the hearing of the appeal.
Counsel for the Complainant submitted that the quantum of compensation awarded by the Rights Commissioner was not adequate or reasonable in all the circumstances of the case. He pointed out to the Court that the economic loss was in excess of the amount of compensation awarded by the Rights Commissioner.
Reference was made toVon Colson & Kamann v Land Nordrhein – Westfalen[1984] ECR 1891 which held that sanctions for breaches of Community Rights must ensure that they are effective and have a deterrent effect and must amount to more that purely nominal compensation. 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 €2,400 and varies the Decision of the Rights Commissioner accordingly.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd August 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.