FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : A BRILLIANT CLEANING SERVICES LTD T/A ABC SERVICES LIMITED (REPRESENTED BY -) - AND - BOZENA SKOWRONEK DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeals of Rights Commissioner's Decision No's: r-129103-wt-12/JW, r-129106-wt-12/JW, r-129109-wt-12/JW and r-129111-wt-12/JW
BACKGROUND:
2. This is an appeal by the employer of Rights Commissioner's Recommendation No's r-129103-wt-12/JW, r-129106-wt-12/JW, r-129109-wt-12/JW and r-129111-wt-12/JW. The issue concerns the alleged non-payment of Public Holiday entitlements equating to €59 with respect to the Public Holiday on 1st January 2013. The employer's position is that the worker was paid all outstanding entitlements in relation to the Public Holidays. The matter was referred to a Rights Commissioner for investigation. A Decision issued on the 21st August 2013 and found in favour of the worker's claim with respect to the Public Holiday in question.
On the 2nd October 2013, the employer appealed the Rights Commissioner's Decision in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Respondent was notified of the time and date of the hearing but did not attend and was not represented. A Labour Court hearing took place on 4th December 2013. The following is the Court's Determination:
DETERMINATION:
This is an appeal by A Brilliant Cleaning Services Limited (the respondent) against the decision of a Rights Commissioner in a claim by Bozena Skowronek (the Claimant) under the Organisation of Working Time Act, 1997.
The Rights Commissioner found that the Claimant was due €59 in respect of the Public Holiday falling on 1st January 2013.
In advancing its appeal the Respondent contends that the money the Rights Commissioner found to be due was paid in May 2013.
The Claimant failed to attend the hearing of the appeal.
On the uncontested evidence of the Respondent the Court finds that the Claimant
received her full entitlements under the Act. Accordingly the appeal is allowed and
the decision of the Rights Commissioner is set aside.
Signed on behalf of the Labour Court
Kevin Duffy
7th January 2014______________________
AHChairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.