DWT2217

FULL RECOMMENDATION

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

PARTIES :

SHANNONS SOLICITORS

- AND -

MS VLADLENA SOLTAN

DIVISION :

SUBJECT:

1. Appeal Of Adjudication Officer Decision No. ADJ-00029051 CA-00038770-004

BACKGROUND:

2. An Adjudication Officer hearing took place on 1 September 2021 and a Decision was issued on 11 November 2021. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 29 November 2021 in accordance with section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 4 February 2022. The following is the Determination of the Court:-

DETERMINATION :

This matter comes before the Court as an appeal by Vladena Soltan (the Appellant) against a decision of an Adjudication Officer in her complaint against Shannon's Solicitors (the Respondent) made under the Organisation of Working Time Act, 1997 (the Act). The Adjudication Officer decided that the complaint was not well founded.

Background

The Appellant contends that she was employed by the Respondent from 10^th February 2020 until 22^nd June 2020. She asserts that she ceased to carry out work for the Appellant with effect from 26^th March 2020. From that date onwards she was in receipt of COVID related support payments from the State and not in receipt of any payment from the Appellant.

At the hearing of the Court she clarified that her complaint related to three public holidays falling in April, May and June 2020. She accepted that, having regard to the history of her engagement with the Appellant, her complaint could not succeed.

Decision

The within appeal is, on the basis of the submission of the Complainant to the Court, not well founded.

The decision of the Adjudication Officer is affirmed.

The Court so decides.

NOTE

Enquiries concerning this Determination should be addressed to Orla Collender, Court Secretary.