FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : UCI PREMIER PRODUCTIONS LTD T/A ODEON IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - STEPHEN MILEY DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. An appeal against a Rights Commissioner’s Decision r-130701-wt-13/JOC.
BACKGROUND:
2. This case concerns an appeal by the Claimant of Rights Commissioner's Decision No: r-130701-wt-13-JOC. The issue concerns a claim by the Claimant for outstanding entitlements with respect to annual leave. The matter was referred to a Rights Commissioner for investigation and a Decision issued on the 30th August 2013.
The Rights Commissioner found that there was a conflict of interest on a number of issues. Based on the evidence submitted at the hearing the Rights Commissioner found that the Claimant was paid his outstanding holiday pay while the Claimant, as Manager, had control over when he took his breaks and in all the circumstances he could not support the complaint.
The Claimant appealed the Decision of the Rights Commissioner to the Labour Court on the 27th September 2013 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 28th November 2013.
DETERMINATION:
Mr Stephen Miley brought a complaint before a Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) alleging that his former employer, UCI Premier Productions Limited t/a Odeon Ireland, failed to grant him his full annual leave entitlement under Section 19 of the Act. The Rights Commissioner found against Mr Miley’s claim, this Decision was appealed by him.
For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Stephen Miley will be referred to as“the Complainant” and UCI Premier Productions Limited t/a Odeon Ireland will be referred to as “the Respondent”.
The Complainant was employed by the Respondent from 15thNovember 2011 until 11thDecember 2012. He alleged that he was due 30 days in respect of both outstanding annual leave and days off in lieu of days worked. He submitted his claim to the Rights Commissioner on 20thFebruary 2013. In respect of this claim the Court pointed out to the Complainant that its jurisdiction was confined to an alleged breach of Section 19 of the Act and was limited to his alleged outstanding annual leave entitlement.
The Complainant stated that he received twelve days’ annual leave in the leave year from 1stApril 2012 until the date of termination, 11thDecember 2012. The Respondent told the Court that it had paid him five days’ annual leave in respect of the leave years 2011/2012 and 2012/2013 at the cessor of his employment. The Complainant accepted that these monies were paid.
On that basis the Court is satisfied that the Complainant received his full annual leave entitlement for the period from 1stApril 2012 until 11thDecember 2012 which is the period covered by the claim under the Act and there is no outstanding entitlement to annual leave.
There were other matters opened to the Court concerning entitlement to meal breaks and working excessive hours. However, having examined these issues, the Complainant accepted that there was no claim before the Court on these matters.
Determination
For the reasons set out in this Determination the Court has concluded that the complaint herein is not well-founded. The Decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
3rd December, 2013.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.