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2002

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DWT0253

FULL RECOMMENDATION

WTC/02/37
DETERMINATIONNO.DWT0253
(WT7745/02/GF)

SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997



PARTIES :
DENIS MC CARTHY
(REPRESENTED BY MICHAEL MORAN & CO.)

- AND -

BRENDAN BROWNE


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Appeal against Rights Commissioner's Decision WT7745/02/GF


BACKGROUND:

2. An appeal was lodged by the Company against the Rights Commissioner's Decision WT7745/02/GF.

"In the absence of the respondent I am satisfied the claimant is a credible witness and his complaint is well founded. I require his former employer to pay him the outstanding amount of €1,036.11 forthwith"

On 14th, June, 2002 the Company appealed the Rights Commissioner's Decision made under the Organisation of Working Time Act, 1997 to the Labour Court and the Court heard the appeal on the 19th, November, 2002 in Mayo.


WORKER'S ARGUMENTS:-

3. 1. The worker did not take any holidays during that time.

2. The worker was due 12 days at the end of his employment.

3. The employer assured the worker that he would be paid .

EMPLOYER'S ARGUMENTS:-

4. 1. During the workers employment there were only two weeks in which he worked full days.

2. There was at least one day a week a week in which the worker indicated that he was unable to work.

3. The worker was paid a maximum of £100 per week by the employer and no tax was deducted during his employment.

DETERMINATION:

The Court has considered the oral and written submissions of both sides to this appeal. The employer appealed the decision of the Right's Commissioner on the grounds that incorrect information had been supplied to the Right's Commissioner in relation to the claimant's daily rate of pay and his hours of work.

The Court is not satisfied that the employer has proved to the contrary the information supplied by the worker to the Rights Commissioner. Therefore, the Court rejects the appeal and upholds the decision of the Right's Commissioner.

The Court so decides.



Signed on behalf of the Labour Court



Caroline Jenkinson
16th December, 2002______________________
HMCD/MB.Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.




 
 
 
 
 
 
 
 
 

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