FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : STABLE DIET LIMITED - AND - MICHELLE DAVIS DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Decision R-149494-WT-14/MMG.
BACKGROUND:
2. The Employer appealed the Decision of the Rights Commissioner 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 29th September, 2015. The following is the Determination of the Court:
DETERMINATION:
The Employer appealed the Decision of the Rights Commissioner under the Organisation of Working Time Act, 1997 (“the Act”) which found in favour of the Claimant.
Both parties have agreed before the Court that no Annual Leave or Public Holiday entitlement was granted to the Claimant during the period of her claim before the Court.
The Claimant was employed by the Appellant from 15th September 2011 until 30th May 2014. The Appellant confirmed that she presented a claim to the Rights Commissioner’s Service on 15thSeptember 2014 pursuant to Section 27 of the Act claiming redress in respect of an alleged breach of Sections 21 and 23 of the Act.
Section 27 of the Act provides in relevant part as follows:
- (4) A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.
(5) Notwithstanding subsection (4), a rights commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to in subsection (4) (but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.
The Court therefore finds that the Claimant should be awarded €1,500 in satisfaction of her claim and the Rights Commissioner’s Decision is varied accordingly.
Signed on behalf of the Labour Court
Kevin Foley
27th October 2015______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.