FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CONNAUGHTON & SONS LANDSCAPING LTD (REPRESENTED BY RONAN MURPHY SOLICITORS) - AND - MARCIN STOLARCZYK (REPRESENTED BY GERAGHTY & CO SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-110749-wt-11
BACKGROUND:
2. The Company appealed the Rights Commissioner's Decision to the Labour Court on 1st March, 2012. A Labour Court Hearing took place on 6th 12th June, 2012. The following is the Labour Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal against the Decision of a Rights Commissioner by Connaughton and Sons Landscaping Limited in a claim by Marcin Stolarczys under the Organisation of Working Time Act 1997. The claim relates to the holiday entitlements of the Claimant on the termination of his employment. The Claimant was paid in respect of three weeks holidays. He claimed an entitlement to four weeks. The Claimant was paid €600 per week.
The Rights Commissioner found that the claim was well founded and awarded the Claimant compensation in the amount of €2,000.
It is noted that the substantive issue in dispute has been resolved in that the Respondent concedes that the Claimant was due four weeks pay. The quantum of compensation remains in issue.
A significant award of compensation over and above the economic value of an entitlement under the Act is only appropriate where there has been a deliberate and conscious breach of a worker’s rights. In the instant case the Court is satisfied that there was a bona fide issue as to the Claimant’s correct entitlements. In these circumstances the compensation awarded by the Rights Commissioner is excessive.
The Court award the Complainant compensation of €600, being the valve of the holidays in issue and a further €400 in respect of the contravention of the Act which occurred.
The decision of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
11th July, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.