FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : NURENDALE LIMITED T/A PANDA WASTE - AND - BARRY THOMPSON (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appealing against a Rights Commissioner's Decision r-147741-wt-14/jw
BACKGROUND:
2. The Worker and Employer appealed the Rights Commissioner's Decision to the Labour Court on . A Labour Court Hearing took place on 6th July, 2012. The following is the Labour Court's Determination:
DETERMINATION:
This is an appeal by Barry Thompson (hereafter the Claimant) and a cross-appeal by Nurendale Ltd t/a Panda Waste (hereafter the Respondent) against the decision of a Rights Commissioner in a claim by the Claimant under the Organisation of Working Time Act 1997 (the Act).
The Claimant referred claims alleging contraventions of three provision of the Act, namely,
(1) Underpayment in respect of annual leave (s20 of the Act);(2) Underpayment in respect of public holidays (s.22 of the Act)
(3) Failure to provide advance notification of finishing times
Annual leave and Public Holidays
Both of these claims can be considered together as they each related to the number of hours on which the Claimant’s normal daily rate of pay was calculated.
It is admitted that for holiday purposes the Claimant was paid by reference to a 40 hour week. The Rights Commissioner found that the Claimant’s actual working week was normally 50 hours over a five day week. The evidence disclosed in the course of the hearing of this appeal supports the finding of the Rights Commissioner in that regard.
The Rights Commissioner awarded the Claimant compensation in the amount of €426 in respect of financial loss occasioned by the underpayment of annual leave. He added a further amount of €200 by way of general compensation for the effects of the contravention. The Claimant’s appeal relates only the quantum of this latter amount. The Court has concluded that the amount of general compensation that is fair and equitable in the circumstances of this case should be measured at €500. The Rights Commissioner decision in that regard is varied accordingly.
In relation to public holidays the Rights Commissioner awarded the Claimant compensation in the amount of €85. The Court can see no reason to interfere with that award and it is affirmed.
Notification of Finishing Times (s.17 of the Act)
The Court is satisfied that the Claimant did not receive advance notification of his finishing times. The finding of the Rights Commissioner to like effect is affirmed.
The Rights Commissioner awarded the Claimant compensation in the amount of €300 for this contravention. The Court can see no reason to interfere with that award and it is affirmed.
Outcome
The total award to the Claimant is measured at €1,311
The Rights Commissioner’s decision is varied in accordance with this Determination.
Signed on behalf of the Labour Court
Kevin Duffy
CO'R______________________
23rd October, 2015Chairman
NOTE
Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.