FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : THE LAKES RESTAURANT & TAKEAWAY LIMITED - AND - SUDATH THELGE PEIRIS DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Decision R-148759-WT-14/MMG
BACKGROUND:
2. The Worker appealed Rights Commissioner's Decision R-148759-WT-14/MMG to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 30th April, 2015. A Labour Court hearing took place on the 30th September, 2015. The Employer was not present and was not represented at the hearing. The following is the Determination of the Court:
DETERMINATION:
The Complainant appealed the Decision of the Rights Commissioner under the Organisation of Working Time Act, 1997 (“the Act”) which found that his complaint should fail for want of prosecution. The Respondent did not attend the hearing of the Court. The Court is satisfied that the Respondent was properly notified of the hearing of the Court.
The Appellant was employed by the Respondent from 2ndMay 2014 until 3rdJuly 2014. The Appellant claims that his entitlements relating to Annual Leave or Public Holidays in accordance with Sections 20 and 21 of the Act were not afforded to him during his employment and neither were his entitlements under Section 23 of the Act afforded to him on cessation of his employment.
The Court, based on the uncontested evidence of the Appellant at the hearing, finds that the Respondent breached the Organisation of Working Time Act, 1977 at sections 20, 21 and 23 and should pay a sum of €640.80 to the appellant in respect of those breaches.
The Court therefore allows the appeal.
Signed on behalf of the Labour Court
Kevin Foley
21st October 2015______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.