PW814/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                   CASE NO.

John Maber                                                                                                     PW814/2012                                                                                 

against the recommendation of the Rights Commissioner in the case of:

Sepam Specialists Limited

Under

PAYMENT OF WAGES ACT 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr N. Russell

Members:   Mr J. Hennessy

                   Mr J. Flavin

heard this appeal at Thurles on 27th June 2014 and 11th April 2017

Representation:

_______________

Appellant:         In person

Respondent:     Mr Cathal Minihane, Clohessy Minihane Solicitors, 24 Barrington St., Limerick

The decision of the Tribunal was as follows:-

This Determination should be read in conjunction with this Tribunals determination of 24^th July 2014. This case came before the Tribunal by way of an appeal by the employee against recommendations issued by a Rights’ Commissioner, reference: r-120580-pw-12-JOC.

At the sitting of 11^th April 2017 the Tribunal considered the appellants statutory holiday pay entitlements for the period 25^th August 2010 to 31^st March 2011 as outlined in the Organisation of Working Time Act 1997.

The appellant gave evidence of his contract which ran to 31^st March 2011 and, based on his evidence, the Tribunal have calculated that he would have accumulated a maximum Statutory leave entitlement of 14.5 days based on a six day working week.

On the evidence adduced, the Tribunal is satisfied that the appellant received payment for his Statutory Annual Leave entitlement. The appeal of the Rights Commissioners decision under the Payment of Wages Act 1991 is therefore dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)