FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PAGEWELL CONCESSIONS (ILAC) LTD T/A EURO 50 STORES (REPRESENTED BY CITATION LTD) - AND - ROKSANA WYPYCH (REPRESENTED BY O' HANRAHAN & CO. SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal against Rights Commissioner's Decision r-132047.132176,132178,132182,132186-wt-13/JT.
BACKGROUND:
2. The Employer appealed the Rights Commissioner’s Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 14th February, 2014. The Court heard the appeal on the 21st May, 2014, the earliest date suitable to the parties.
DETERMINATION:
This is an appeal by Pagewell Concessions (ILAC) Limited against the Decision of a Rights Commissioner in a claim against it by Roksana Wypypch under the Organisation of Working Time Act 1997 (the Act). In this Determination the parties are referred to as they were at first instance. Hence, Ms Wypypch is referred to as the Claimant and Pagewell Concessions (ILAC) Limited is referred to as the Respondent.
Background
The Respondent operates a retail store in Dublin which trades as Euro Fifty Store. The Claimant was employed by the Respondent as a trainee Store Manager. Her employment commenced on or about 10thDecember 2011 until 12 May 2012. She resumed employment on 18thJuly 2012 until 29thDecember 2012. The Claimant presented complaints to a Rights Commissioner on or about 4thJanuary 2013 alleging contraventions of Sections 11,12,14, 15, and 17 of the Act.
The Rights Commissioner found that the complaints pursuant to Sections 11,15 and 17 were well founded. The Rights Commissioner made no findings in relation to the other contraventions alleged. He awarded the Claimant compensation in the amount of €5,000.
At the hearing of the appeal Counsel for the Claimant told the Court that it had been accepted at the Rights Commissioner hearing that Section 15 had not been contravened and that aspect of the claim was not being pursued.
Having heard the evidence adduced by the parties the Court is satisfied that the Respondent contravened Sections 11 (daily rest), 14 (Sunday Premium) and 17 (notification of starting and finishing times) of the Act in relation to the Claimant. The complaints in relation to Sections 12 and 15 of the Act were not pursued in the appeal and this Court finds that they are not well-founded.
Determination
While the findings of the Court differ from those of the Rights Commissioner the Court does not believe that it is appropriate to vary the quantum of the award made by the Rights Commissioner. Accordingly, the Court awards the Claimant compensation in the amount of €5,000 in respect of the contraventions that it has found to have occurred.
The Decision of the Rights Commissioner is varied in the terms of this Determination
Signed on behalf of the Labour Court
Kevin Duffy
23/05/2014______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.