FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : HELGIAN LIMITED T/A SUPERVALU SANTRY - AND - MS JOANNA NOFAL DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Decision No: r-108574-wt-11/JC
BACKGROUND:
2. This case concerns an appeal by the employer of Rights Commissioner's Decision No: r-108574-wt-11/JC. The issue concerns an outstanding entitlement to holiday pay being claimed by the worker. Management accepts that the worker was not paid her annual leave entitlement when her employment with the Company ceased.
The matter was referred to a Rights Commissioner for investigation. His Decision issued on the 13th December 2011. The Rights Commissioner decided that the worker be paid €60 in compensation in respect of the value of unpaid annual leave entitlements for the one week in January 2011 that the worker remained in employment.
On the 12th January 2012, the employer appealed the Rights Commissioner's Decision in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 22nd May 2012.
The following is the Court's Determination:
DETERMINATION:
- This is an appeal by Helgain Limited T/A Supervalu Santry against the decision of a Rights Commissioner in which its former employee, Joanna Nofal , was awarded compensation in the amount of €60 in respect of outstanding annual leave on the termination of her employment.
The Respondent accepts that the Claimant had outstanding holiday entitlements on the termination of her employment and that she was not paid in respect of those holidays. The Respondent told the Court that the money was withheld because of other matters not before the Court.
The entitlement upon which the Claimant relies is derived from the Organisation of Working Time Act 1997 and the Respondent had no statutory or other entitlement to withhold the monies to which she became entitled on the termination of her employment.
No sustainable reason was advanced at the hearing of the appeal as to why the employers appeal should be allowed. Accordingly the appeal is disallowed and the decision of the Rights Commissioner is affirmed. The Respondent is directed to pay the Claimant compensation in the amount of €60 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
25th June 2012______________________
AHChairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.