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DWT1933

FULL RECOMMENDATION
WTC/18/74
DETERMINATION NO. DWT1933
ADJ-00010404 CA-00013834-002

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


PARTIES :
O' LEARY INTERNATIONAL UNLIMITED COMPANY
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES)

- AND -

MARIUS ROCA
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Ms Doyle
Worker Member: Mr McCarthy
SUBJECT:
1. Appeal Of Adjudication Officer Decision No ADJ-00010404 CA-00013834-002.


BACKGROUND:

2. The Worker referred his case to the Labour Court on 25 September 2018 in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing too place on 21 November 2019. The following is the Determination of the Court:

DETERMINATION :

This is an appeal by Marius Roca (the Complainant) against an Adjudication Officer’s Decision ADJ-00010404 given under the Organisation of Working Time Act 1997 (the Act) in a claim that O’Leary International Unlimited Company (the Respondent) were in breach of the Act. The Adjudication Officer upheld the complaint and awarded €88 in respect of economic loss. However, the Complainant is seeking that he be awarded the compensation for the breach.

Complainant’s case

The Complainant suffered an accident on 16th May 2017 and as a result was absent from work on sick leave from that date. On the 19th May 2017 the Complainant was notified that he was being placed on suspension without pay arising from a different event with effect from the 10th May 2017. It is the Union’s submission that the Complainant was entitled to be paid for the June Public Holiday and should be compensated for the breach of the Act by the Respondent.

Respondent’s submission

The Respondent submitted that there was a mistake made in relation to not paying the Complainant for the June Public Holiday and that the appropriate quantum is the loss arising from that mistake.

Discussion

It is not disputed by the Respondent that the Complainant was entitled to be paid for the June Public Holiday in 2017. However, despite the fact that was over two years ago the Respondent has not rectified that error. On that basis the Court determines that the Complainant is well founded and awards compensation of €500. The Decision of the Adjudication Officer is varied accordingly.

The Court so Determines.




Signed on behalf of the Labour Court



Louise O'Donnell
TH ______________________
17 December 2019 Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.