FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KEANE AND KELLS (K&K) DAY TODAY - AND - COLETTE BYRNE (REPRESENTED BY DAVY HYNES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer's Decision NoADJ-00007042
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 17th May, 2018. The Employer was not present and was not represented at the hearing. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Ms Colette Byrne against a Decision of an Adjudication Officer ADJ-00007042, CA-00009580-001 and CA-00009580-006 made under the Organisation of Working Time Act, 1997 (the Act) alleging that her employer Keane & Kells (K& K) Day Today had failed to pay her a Sunday premium in breach of Section 14 of the Act; had failed to provide her with her annual leave entitlement in breach of section 19 of the Act and had failed to provide her with her entitlement to public holidays in breach of section 21 of the Act.
The employer did not attend the hearing before the Court.
For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Colette Byrne will be referred to as “the Complainant” and Keane & Kells (K& K) Day Today will be referred to as “the Respondent”.
The Adjudication Officer found in favour of the Complainant’s complaints and awarded her the sum of €859.73 in respect of the economic loss, in addition, he awarded her the sum of €600.00 in compensation for the breach of her rights under the Act, giving a total of €1,459.73.
The Complainant was employed as a Sales Assistant from 1stMay 2011 until 4thFebruary 2017.
The Complainant outlined the details of her complaints and provided details of dates and times when such breaches occurred. She also provide details of the total number of hours worked in order to calculate her annual leave entitlement.
The Complainant appealed the Decision. She stated that the Respondent had not paid the award ordered by the Adjudication Officer. The Respondent failed to appear before the Court for the hearing of the appeal.
Taking account of the Complainant’s position as outlined to the Court, the Court has no reason to overturn or vary the Adjudication Officer’s Decision and accordingly upholds the Decision. Therefore, the Court orders the Respondent to pay the sum of €1,459.73 to the Complainant within four weeks of the date of this Determination.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th June 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.