AD1370

SUBJECT:
1. Appeal of Rights Commissioners Recommendation R-122617-Ir-12/MH


BACKGROUND:

2. This case is an appeal by the Union of Rights Commissioner's Recommendation r-122617-ir-12/MH. The case concerns a former employee of Corrib Airport t/a Galway Airport who claims that he is owed approximately 35.5 days leave in lieu of additional hours worked in 2009, 2010 and 2011. The Union is seeking that the worker be paid for the outstanding entitlements

The matter was referred to a Rights Commissioner for investigation. A recommendation issued on the 8th January 2013 and did not find in favour of the workers claim on the basis that the contractual entitlement to Time Off In Lieu (TOIL) related to Public Holidays only.

On the 14th February 2013 the worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on the 25th September 2013.

The employer was notified of the date and time of the hearing but did not attend and was not represented.

UNION'S ARGUMENT:

3. 1. The worker accrued the entitlement for time off in lieu (TOIL) by agreement between 2009 and his redundancy in 2011. The matter was raised with Management prior to his redundancy but was not resolved. The worker is seeking that his outstanding entitlements be paid to him.

DECISION:

This is an appeal by the Union against the recommendation of a Rights Commissioner under the Industrial Relations Act 1969. The employer did not participate in the appeal and did not appear for the purpose of opposing the Union's appeal.

On the uncontested submissions of the Union the Court accepts that the Claimant has an accumulated entitlement of 35.5 days leave in lieu of additional hours worked in 2009,2010 and 2011. Accordingly, the Rights Commissioner's recommendation is varied so as to provide that the Claimant be paid in respect of those days.

The Union's appeal is allowed.



Signed on behalf of the Labour Court



Kevin Duffy
3rd October, 2013.______________________
AH.Chairman



NOTE

Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.