FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : LIAM HURLEY T/A JINGLES RESTAURANT LTD - AND - MS KRISTINA SIDARAITE DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Decision No: r-102805-wt-12/GC.
BACKGROUND:
2. This case concerns an appeal by the employer of Rights Commissioner's Decision No: r-102805-wt-12/GC. The issue concerns a claim by the worker that she did not receive her outstanding annual leave entitlements when her employment ceased, nor the correct Public Holiday entitlements while in employment. The employer accepts that there is a debt owed to the worker but claims to be unable to pay the amounts due. The matter was referred to a Rights Commissioner for investigation. Her decision issued on the 6th September 2012 and awarded the worker €1,000 for the breaches of the Act. On the 15th October 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 23rd January 2013. The following is the Court's Determination:
DETERMINATION:
Ms Kristina Sidaraite (the Complainant) worked for Liam Hurley t/a Jingles Restaurant Ltd (the Respondent) as a waiter from June 2011 to February 2012. She had no written terms and conditions of employment. She was paid €7.50 per hour. She complained that she was not allowed annual leave due to her in the leave year 2011/2012 and was not paid cesser pay in respect of annual leave due to her on the termination of her employment. She further complained that she was not paid for public holidays she worked in accordance with the provisions of the Act.
The matter was investigated by the Rights Commissioner who found that the complaints were well founded and awarded the Complainant compensation of €1,000 for the infringements involved.
The Respondent did not attend at the Rights Commissioner's hearing into the matter. He told the Court that he did not receive notification of the dates and times of the hearing. However, he did appeal against the Decision and the award to this Court.
The case came on for hearing before this Court on 23rd January 2013.
Complainant's Position
The Complainant submitted that she was not granted any holiday leave during her employment with the Respondent. She further submits that she was not paid cesser pay in respect of her outstanding holiday entitlement when her employment terminated in February 2012. She further submits that she was not paid in accordance with the provisions of Section 21 of the Act in respect of the public holidays that fell during her employment with the Respondent.
Respondent's Position
The Respondent told the Court that an amount of holiday pay and payment in respect of public holidays due to the Complainant remain outstanding. He told the Court that he did not know how much this amounted to. He told the Court that his business premises had been repossessed by the landlord and that the business had ceased trading. He said that he had no money to meet the debts outstanding, including this one.
Findings of the Court
The Court finds that the Respondent confirmed that payment in respect of annual and public holiday entitlements for the leave year 2011/2012 remain outstanding.
Accordingly, the Court finds that the Complaint is well founded.
Determination
The Court affirms the decision of the Rights Commissioner and awards the Complainant compensation in the sum of €1,000.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
28th February 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.