FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MBCC FOODS (IRL) LTD T/A KFC CITYWEST (REPRESENTED BY PENINSULA BUSINESS SERVICES IRELAND LTD) - AND - MARCIN WILKOCKI (REPRESENTED BY RICHARD GROGAN & ACCOCIATES, SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. An appeal of two Rights Commissioner's Decisions r-124917-wt-12/EH & r-125911-wt-12/EH.
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decisions to the Labour Court on 7th February, 2013 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing scheduled for 31stOctober 2013 was postponed at the request of the Claimant. A rescheduled hearing for the 14thNovember 2013 was also postponed at the request of the Claimant. A Labour Court hearing took place on the 20thFebruary 2014. The following is the Determination of the Court.
DETERMINATION:
This is an appeal by Marcin Wilkocki (the Claimant) against the decision of a Rights Commissioner in his claim against his former employer, MBCC Foods (IRL) Limited t/a KFC Citywest, under the Organisation of Working Time Act 1997 (the Act).
While other matters were before the Rights Commissioner the appeal relates only to the question of the Claimant’s entitlement to a Sunday premium in accordance with s.14 of the Act.
Section 14 of the Act provides, in effect, that where the requirement to work on Sunday is not otherwise taken into account in the determination of a worker’s pay, he or she is entitled,inter alia,to the payment of an allowance of such amount as is reasonable in all the circumstances.
The Court is not satisfied that the requirement to work on Sundays was otherwise taken into account in determining the Claimant’s pay nor is it satisfied that he was paid an allowance of such amount as is reasonable in all the circumstances.
In consequence the Court is satisfied that the Respondent contravened s.14 of the Act in relation to the Claimant.
The Court awards the Claimant compensation of €350 being the amount that the Court considers fair and equitable in all the circumstances.
The appeal is allowed and the Rights Commissioner’s decision is varied accordingly
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
21st February, 2014.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.