EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Marin Chitii (appellant) PL4/2014
WT252/2014
against the recommendation of the Rights Commissioner in the case of:
P.& J. Security Services Limited
(respondent)
under
PARENTAL LEAVE ACTS 1998 AND 2006
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S.C
Members: Mr D. Peakin
Ms M. Maher
heard this appeal at Dublin on 13th January 2016
Representation:
_______________
Appellant(s) :
Respondent(s) :
The decision of the Tribunal was as follows:
This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Parental Leave Acts, 1998 and 2006, and the Organisation of Working Time Act 1997, reference r-145772-pl-14/JW and r-144129-wt-14/JW.
This claim was heard in conjunction with PW198/2015.
The appeal under the Organisation of Working Time Act was withdrawn at the outset.
The appellant sought force majeure leave on Sunday 12th May for the following three days. Before any decision had been made on this application by the respondent, the applicant had re-arranged his working shift for the following week with a colleague effectively giving him the days off that he sought.
His roster was re-arranged to Thursday, Saturday and Sunday. Later he was paid his normal weeks’ pay. At that stage however he also claimed he should have been paid Force Majeure leave under the Parental Leave Act.
It is clear that he effectively obtained the leave he requested by swopping his shifts and he received his normal pay correctly for that week.
The appellant’s appeal therefore fails and the Tribunal upholds the finding of the Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)