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2002

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DWT0248

FULL RECOMMENDATION

WTC/02/58
DETERMINATIONNO.DWT0248
(WT8048/02/JH)

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



PARTIES :
EXCEL WINDOWS AND DOORS

- AND -

EUSEBIO GOBENA GONZALEZ


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr. Somers
SUBJECT:
1. Appeal against Rights Commissioners Decision WT8048/02/JH.


BACKGROUND:

2. The worker was employed for the period 18th July, 2002 to 22nd February, 2002. The issues in question are whether the claimant received holiday pay, paid holidays and payment for public holidays during the period of his employment.

The claim was referred to a Rights Commissioner for investigation. Her decision issued on the 8th July, 2002, as follows:

“This is a valid complaint. Even allowing for two periods when the employment was closed, Mr. Gonzalez was entitled to 7 x 1.66 days per month x £64 per day (£8 per hour) in holidays and holiday pay. He was also entitled to payment for 5 Public Holidays – August, October, Christmas x 2 and 1st of January 2002. Taking into account the refusal of the employer to pay his statutory holiday entitlements and his failure to attend at the hearing, Eusebio Gobena Gonzales is to receive a total of €1553.85 compensation in settlement of his complaint under the Organisation of Working Time Act, 1997.”

The employer appealed the Rights Commissioner’s decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997, on the 12th August, 2002. A Labour Court hearing took place in Galway on the 16th October, 2002.

EMPLOYER'S ARGUMENTS:

3. 1.Advice was received by the employer from his accountant telling him to ensure that he did not pay the worker without deducting sufficient tax from him.

2. He did not refuse to pay the worker, he refused to pay cash without the deduction for tax.

3. He was not informed of the claim prior to the complaint being made to a Rights Commissioner.

WORKER'S ARGUMENTS:

4. 1.The worker paid tax in Ireland. It was deducted as a matter of course.

2. The employer was subtracting two weeks from his time of work and not paying him even though the employer had closed the business for Christmas and personal reasons.

3. There was no payment made for Bank Holidays.

DETERMINATION:

The Court having considered the written and oral submissions made by the parties upholds the Rights Commissioner's decision in this case.

The Court therefore rejects the appeal and upholds the award to the complainant of
€1553.85.




Signed on behalf of the Labour Court



Finbarr Flood
29th October, 2002______________________
CH.MB.Chairman



NOTE

Enquiries concerning this Determination should be addressed to Caroline Hayes, Court Secretary.




 
 
 
 
 
 
 
 
 

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