FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ASKEATON PAVING LIMITED (REPRESENTED BY O' CONNOR O' DEA BINCHY SOLICITORS) - AND - JOHN MULLINS (REPRESENTED BY KELLY LAW SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Decision No: ADJ-00001500 CA-00002033-004.
BACKGROUND:
2. An Adjudication Officer hearing took place 5 April 2016 and a Decision was issued on 12 July 2016. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 25 July 2016 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 2 May 2017. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Mr John Mullins against the Decision of an Adjudication Officer ADJ-00001500, CA-00002033-004 under the Organisation of Working Time Act, 1997 (the Act). The Adjudication Officer rejected the claim.
In this Determination the parties are referred to as they were at first instance. Hence Askeaton Paving Limited is referred to as the Respondent and Mr John Mullins is referred to as the Complainant.
A hearing of this appeal was held on the same day as a hearing of an appeal by the Complainant against the Respondent under the Unfair Dismissals Acts 1977 to 2015.
In relation to the within claim, the Complainant alleges that he did not receive pay for one day of annual leave on 22ndDecember 2015. The Court was told that the Complainant was due to be on annual leave on 22ndDecember 2015. It was not disputed that the Complainant, however, came in to work on that day at the request of the respondent and therefore did not take that day as annual leave. No evidence was produced to the Court to demonstrate that the Complainant took an annual leave day in lieu at another time or was paid in lieu of that day on termination of employment. At the time of the termination of his employment, the Complainant was paid a weekly rate of €609.00 gross and a daily rate of €121.80.
Accordingly, the Court sets aside the Adjudication Officer’s Decision and orders the Respondent to pay the Complainant the sum of €121.80, being pay for one day of annual leave.
The Court so Determines.
Signed on behalf of the Labour Court
Brendan Hayes
6 June 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.