FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SHAY MURTAGH (PRECAST) LIMITED (REPRESENTED BY TORMEYS SOLICITORS) - AND - VITALIJ PACIKAN (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner Decision No: r-143050-wt-14/SR
BACKGROUND:
2. This is an appeal by the worker of Rights Commissioner Decision No: r-143050-wt-14/SR submitted in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 5th June 2015. The following is the Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal by Vitalij Packin (the Claimant) against the decision of a Rights Commissioner in his claim against Shay Murtagh (Precast) Limited (the Respondent) under The Organisation of Working Time Act 1997 (the Act)
The Claimant did not attend in person before the Rights Commissioner but was represented. The Rights Commissioner dismissed the complaint for want of prosecution. The Claimant then appealed to this Court.
The claim
The claim submitted by the Claimant is grounded on a contention that he was placed on lay-off on 6thSeptember and that he accrued an entitlement to holiday in the following thirteen weeks. The Respondent’s case is that Claimant was dismissed on 6thSeptember 2014, without notice but on payment in lieu of one weeks’ notice, and ceased to accrue an entitlement to holidays under the Act after that date.
At the commencement of the hearing of the appeal Counsel for the Claimant told the Court that it was now accepted that the Claimant was dismissed. Counsel told the Court that her instructions are that the only issue between the parties is whether the operative date of the dismissal was 6thSeptember 2014 or 13thSeptember 2014. The Court was also told that proceedings are in being under the Unfair Dismissals Acts 1977 -2007 in which that question will fall for determination.
Counsel told the Court that she was instructed to consent to the dismissal of this appeal on the basis that the Claimant was dismissed on 13thSeptember 2014.
The question concerning the operative date of the Claimant’s dismissal (as opposed to the fact that he was dismissed) is a matter that relates to the proceedings under the Unfair Dismissals Acts 1977 – 2007 and it has no relevance in the instant case.
Outcome
It is clear that no basis whatsoever exists for the claim now before the Court. The appeal is dismissed and the decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
24th June 2015______________________
AHChairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.