DWT1927

This is an appeal by Mr Liviu Sandel Zlotea (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00009448, dated 19 March 2019) under the Organisation of Working Time Act 1997 (‘the Act’). Notice of Appeal was received by the Court on 26 April 2019. The Court heard the appeal in Dublin on 6 September 2019.

The Complainant commenced employment with O’Leary International Unlimited Company (‘the Respondent’) as an HGV Driver on 3 September 2014.

ADJ-00009448: Individual Grounds of Complaint

The Complainant has referred appeals in relation to four separate matters arising under the Act to the Court. In each case, the Complainant appealed on quantum only.

(a) Appeal of CA-00012414-008: This complaint arises from the Respondent’s failure to give the Complainant at least twenty-four hours’ advance notice of additional hours he was required to work, as required by section 17(2) of the Act. The breach of section 17(2) is admitted by the Respondent. The Adjudication Officer awarded compensation of €500.00 in respect of this breach. The Court determines that, having regard to the disruption caused to the Complainant’s quality of life by the breach in question, the appropriate compensation payable is €750.00.

(b) Appeal of CA-00012414-009: This complaint arises from the manner in which the Respondent calculated the Complainant’s payment for annual leave. The Respondent accepts that during the period encompassed by the within complaint the method used by it to calculate payment for annual leave did not comply with section 20(2) of the Act. It submits, however, that it has since rectified this issue and has reimbursed the Complainant for the financial loss he suffered. The Adjudication Officer awarded compensation of €90.00 for this breach. The Court, having regard to the nature of the breach, determines that the appropriate compensation payable is €290.00.

(c) Appeal of CA-000012414-010: This complaint arises from the manner in which the Respondent calculated the Complainant’s payment for public holidays. The Respondent accepts that during the period encompassed by the within complaint the method used by it to calculate payment for two public holidays did not comply with section 21(6) of the Act. The Respondent submits that it now calculates public holiday payments in accordance with the Act. The Adjudication Officer awarded compensation of €25.00 for this breach. The Court, having regard to the nature of the breach, measures the appropriate compensation payable at €225.00.

(d) Appeal of CA-000012414-011: This complaint relates to the Respondent’s failure to give the Complainant at least twenty-four hours’ advance notice of his starting time. The Respondent accepts that it was remiss in this regard on a number of occasions during the period encompassed by the within complaint. However, it also submits that this particular complaint is effectively the same complaint encompassed by CA-00012414-008. The Adjudication Officer awarded compensation of €350.00 for within breach. The Court determines that, in all the circumstances, this is an appropriate level of compensation, having regard to the disruption caused to the Complainant’s quality of life as a consequence of the breach.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
FMc______________________
25th November 2019Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Fiona McCarthy, Court Secretary.