FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DONAL & LAVINIA WALSH (REPRESENTED BY PENINSULA BUSINESS SERVICES) - AND - IULIA PASCUTOI (REPRESENTED BY IRINA PASCUTOI) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision R-140491-WT-13/GC.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal ofRights Commissioner's Decision R-140491-WT-13/GC.The Worker contends that during the course of her employment with the Company she did not receive appropriate rest periods and she was insufficiently remunerated for carrying out work on a Sunday.The Worker referred her case to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 4th November, 2014. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Iulia Pascutoi against the decision of a Rights Commissioner in her claim under the Organisation of Working Time Act 1997.
The Claimant worked for the Respondent for five days in total, which included a Sunday. She claims that she did not receive compensation for the obligation to work on Sunday as is required by section 14(1) of the Act. The Respondents told the Court through their representative that the Claimant was entitled to an allowance of €5 in respect of Sunday working and that this was not paid through inadvertence. The amount was subsequently paid.
Section 14(1)(a) of the Act provides that where an employee has a requirement to work on Sunday he or she is entitled to compensation in such amount as is reasonable having regard to all the circumstances. In this case the Court is satisfied that the Respondent contravened this section in relation to the Claimant.
The Court measures the level of compensation that is fair and equitable in all the circumstances at €100. The decision of the Rights Commissioner is varied to substitute her award with an award in that amount.
To that extent the Claimant’s appeal is allowed.
Signed on behalf of the Labour Court
Kevin Duffy
21st November 2014______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.