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FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TA HOTELS LIMITED T/A LYNAMS HOTEL
(REPRESENTED BY MARTIN CANNY BL INSTRUCTED BY P.M. MARTIN SOLICITORS) - AND - PREETI KHOOSYE (REPRESENTED BY MICHAEL MCCORMACK BL INSTRUCTED BY WILLIAM FRY SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr Hall |
1. Appeal Of Adjudication Officer Decision No. ADJ-00006896 CA-00009334-001/002.
BACKGROUND:
2. The Worker referred her case to the Labour Court on the 10th November 2019, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The following is the Determination of the Court:
DETERMINATION :
This is an appeal by TA Hotels Limited t/a Lynams Hotel against Decision number ADJ-00006896, CA-00009334-001 and 002 of an Adjudication Officer in a complaint by Ms Preeti Khoosye against her former employer TA Hotels Limited t/a Lynams Hotels. The complaint relates to alleged contraventions of sections 14, 15 and 23 of the Organisation of Working Time Act 1997, (the Act). The Adjudication Officer found the complaints to be well founded and directed that the Respondent pay the Complainant €1,209.16 in respect of annual leave entitlements on cesser of employment; €50.00 in respect of Sunday Premium claimed and €1000.00 compensation for breaches of the Act.
For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Preeti Khoosye will be referred to as “the Complainant” and TA Hotels Limited t/a Lynams Hotel will be referred to as “the Respondent”.
Enforceability of the Complainant’s Contract of Employment
The Court has earlier found in the Determination RPD1917 that the Complainant’s contract of employment was rendered unenforceable, therefore she had no locus standi to pursue the claim under the Act.
Determination
For all of the reasons set out herein the Court finds that the contract of employment relied upon by the Complainant’s to ground her claim under the Act was tainted with illegality and therefore unenforceable in law. Consequently, she cannot maintain a claim under the Act. In these circumstances, the Respondent’s appeal is allowed, and the decision of the Adjudication Officer is set aside.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
TH ______________________
4 December 2019 Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.