FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : INTERNATIONAL FIRE INVESTIGATORS & CONSULTANTS LTD T/A IFIC FORENSICS (REPRESENTED BY PENINSULA IRELAND) - AND - MAURICE DALLAGHAN (REPRESENTED BY CONAL DEVINE AND ASSOCIATES LIMITED) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Treacy |
1. An appeal of an Adjudication Officer's Decision no: ADJ-00005023.
BACKGROUND:
2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 30 November 2017 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 19 January 2018. The following is the Decision of the Court.
DETERMINATION:
This is an appeal by International Fire Investigators & Consultants Limited t/a IFIC Forensics against the Decision of an Adjudication Officer ADJ-00005023, CA-00004967-002, CA-00004967-004, in a claim by Mr Maurice Dallaghan under the Organisation of Working Time Act 1997 (the Act). In this Determination, International Fire Investigators & Consultants Limited t/a IFIC Forensics is referred to as “the Respondent” and Mr Maurice Dallaghan is referred to as “the Complainant”.
The Complainant referred his complaint under the Act to the Workplace Relations Commission (WRC) on 27thMay 2016. In his complaint to the WRC, the Complainant alleged that the Respondent failed to pay him his appropriate cessor payin respect of his outstanding annual leave entitlement when his employment terminated in December 2015. The Adjudication Officer awarded the Complainant five days’ pay in lieu of annual leave due to him.
He further complained that he was not paid for two public holidays in accordance with the provisions of the Act. The Adjudication Officer awarded the Complainant two days’ pay.
Background
The Complainant commenced employment with the Respondent in April 2012 and tendered his resignation on 30thSeptember 2015 to expire on 31stDecember 2015. He was employed as a Senior Investigator for the Respondent who is an independent fire specialist providing advice and expertise to clients. The Complainant’s annual salary amounted to €78,000 per annum, giving him a daily rate of €300.00.
Position of the Parties
Mr Conal Devine, Conal Devine & Associates, on behalf of the Complainant submitted that on the termination of the Complainant’s employment there were 5 days’ annual leave outstanding and the Respondent had failed to pay him cessor pay in respect of those days. He also claimed that the Complainant had not received his public holiday entitlement in respect of 25thand 26thDecember 2015.
Ms Nora Cashe, Peninsula, on behalf of the Respondent contended that the Complainant had availed of 26 days’ annual leave in the leave year and accepted that there were three days outstanding when account is taken of the company’s policy on annual leave. The Respondent does not dispute the claim in respect of the public holidays.
Findings of the Court
- Annual Leave
The issue of outstanding leave in excess of the statutory annual leave has been dealt with under the Complainant’s claim pursuant to the Payment of Wages Act, 1991, see Determination PWD183.
The Court is satisfied that the Complainant has received his full entitlement to statutory annual leave in accordance with Section 19 of the Act and accordingly, finds that the aspect of the claim is not-well founded.
- Public Holidays
Determination.
The Court finds that the Respondent was not in breach of Section 23 of the Act in respect of the claim for outstanding annual leave on termination of employment.
The Court finds the Respondent was in breach of Section 21 of the Act in finding that the Complainant did not receive his public holiday entitlements in respect of 25thand
26thDecember 2015. The Court orders the Respondent to pay the Complainant the sum of €700.00 in discharge of his claims under the Act.
Therefore, the Respondent’s appeal is disallowed and the Court varies the Adjudication Officer’s Decision accordingly.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
26 January, 2018Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.