FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : HSE ADDICTION SERVICE - AND - MARCO DI MARZIO DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision No's r-137575-wt-13/RG and r-137576-wt-13/RG
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioner's Decision No's r-137575-wt-13/RG and r-137576-wt-13/RG. The issue concerns a claim by the worker that he was not provided with the correct public holiday entitlement in compliance with the Organisation of Working Time Act, 1997. The matter was referred to a Rights Commissioner for investigation. A Decision issued on the 25th April 2014 and did not find in favour of the worker's claim on the basis that the employer had correctly applied the public holiday entitlement provisions of the legislation with respect to his employment.
On the 29th May 2014 the worker 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 the 18th July 2014.
WORKER'S ARGUMENT:
3 1 The worker contends that the employer did not provide the correct entitlements in respect of the four public holidays that occurred during the period in question. The worker's claim is that he was entitled to receive 8 hours pay as a Public Holiday Benefit for each of the Public Holidays.
MANAGEMENT'S ARGUMENT:
4 1 The worker felt that his public holiday entitlements should be calculated as if he were employed on a full time basis. As he was employed on a sessional basis only, his entitlements were calculated on the basis of the actual hours worked. Management offered to meet with him to discuss its method of calculation but he did not make himself available to attend. It's offer to meet and discuss matters with the worker remains if required.
DETERMINATION:
The Complainant brought complaints before a Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) alleging breaches of Section 21 of the Act. The Rights Commissioner examined the complaints in respect of each public holiday which fell within the cognisable period and held that the claims were not well-founded. The Complainant appealed these Decisions (r-137575-wt-13/RG and r-137576-wt-13/RG) to this Court.
The Complainant was employed as a Sessional Pharmacist with the Respondent.
In the course of the appeal hearing the Complainant accepted that the information furnished to the Rights Commissioner by the Respondent was based on actual hours worked by him, that he was a sessional worker working varying hours and accordingly was not a full-time employee. Therefore, having had the methodology explained to him, he did not dispute the basis on which the Right Commissioner had calculated his entitlement to public holidays for the four public holidays covered by the claim.
On that basis the Court concurs with the Decision of the Rights Commissioner and the Complainant’s appeal is disallowed.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th July 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.