FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ZAHIR LIMITED - AND - MR GRZEGORZ STRZELECKI (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision r-116270-wt-11/RG,
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on 6th March, 2012. A Labour Court Hearing took place on 6th July, 2012. The following is the Labour Court's Determination:
DETERMINATION:
The case comes before the Court by way of an appeal by the Mr Grzegorz Strzekecki hereinafter referred to as “the Complainant” against a decision of the Rights Comissioner R-116270-WT-11/RG. Zahir Limtied, hereinafter “the Respondent” of “the Company” was not represented in Court. The Company went into liquidation on the 17thOctober.
Matters before the Court
The Complainant was employed by the Respondent from 16thOctober 2009 until 12thJanuary 2011. The Complainant was paid €601 for a standard 44 hour week. The Complainant was placed on effective short time in September 2010. His employment was terminated on 12thJanuary 2011.
The Complainant submits that, contrary to the provisions of Section 19 of the Organisation of Working Time Act, he did not receive payment in respect of his annual leave entitlement in leave year 2010/2011. He submits that at the time his employment was terminated he had accrued an entitlement to 10 days leave in that year.
The Complainant withdrew the Complaints he made pursuant to Section 21 of the Act.
He submitted that due to an oversight he had failed to attend the hearing of his complaint by the Rights Commissioner.
The Rights Commissioner decided that his complaint failed for want of prosecution.
Determination
On the undisputed submissions of the Complainant the Court finds that the Complaint is well founded. The Court instructs the Respondent to pay the Complainant €1202.00 compensation in respect of the payment in respect of his annual leave entitlement for the 2010/2011 leave year.
The Rights Commissioner’s decision is set aside.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
11th July, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.