FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : LAS SECURITY LTD - AND - MR GEDAS SIAULIANSKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-135402-wt-13/EH & r-135406-wt-13/EH.
BACKGROUND:
2. The Worker and the Employer appealed the Rights Commissioner's Decision to the Labour Court on 25th November and 20th December, 2013 respectively. A Labour Court Hearing took place on 24th January, 2013. The following is the Labour Court's Determination:
DETERMINATION:
This is an appeal by Las Security Limited and a cross appeal by Gedas Siaulianskas against the decision of a Rights Commissioner in a claim under the Organisation of Working Time Act 1997.
The Rights Commissioner found that the employer had contravened sections 11 and 12 of the Act in relation to the claimant on specified occasions. The Rights Commissioner awarded the Claimant compensation in the amount of €300 in respect to the contravention of s.11 and a further €300 in respect of the contravention of s.12 of the Act.
The Claimant appealed on quantum only.
The employer appealed the totality of the decision. However, the representative of the employer told the Court that it admitted the breaches which the Rights Commissioner found to have occurred.
In these circumstances the only question before the Court is whether the amounts awarded by the Rights Commissioner are appropriate.
Having regard to all the circumstances of this case the Court is of the opinion that both awards made by the Rights Commissioner should be revised upwards. Accordingly the award for the contravention of section 11 of the Act for is varied to one of €600 and the award for the contravention of section 12 is likewise varied to one of €600.
The Claimant’s appeal is to that extent allowed and the Employer's appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
7th January, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.