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2003

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DWT039

FULL RECOMMENDATION

WTC/02/68
DETERMINATIONNO.DWT039
(WT8640/02/MR)

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



PARTIES :
MAXICROSS LIMITED

- AND -

MARY MORRISSEY


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
SUBJECT:
1. Appeal against Rights Commissioner's Decision WT8640/02/MR.


BACKGROUND:

2. The worker concerned was employed by the Company at its shop in Midleton, Co. Cork from the 1st of May, 2001, until the 8th of March, 2002. She worked on Monday, Friday and Saturday, a total of twenty one hours per week with the exception of the Christmas period when she worked extra days.

The issue before the Court is a claim for payment in respect of annual leave and four public holidays. The Company argues that the worker concerned received all her holiday and public holiday entitlements.

The claim was referred to a Rights Commissioner for investigation. His decision issued on the 19th of September, 2002 in which he requested the employer to pay the claimant €666.73 in respect of annual leave and public holidays and a further €200.00 in compensation.


The Company 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 23rd of October, 2002. The Court heard the appeal on the 26th of February, 2003, the earliest date suitable to the parties.

COMPANY'S ARGUMENTS:

3. 1. The worker concerned received all her holiday and public holiday entitlements.
WORKER'S ARGUMENTS:

4. 1. The worker concerned is claiming €276.39 payment in respect of annual leave and public holidays and €200 compensation.

DETERMINATION:

The Court has considered the employer's appeal of the Rights Commissioner's recommendation. Based on the evidence before the Court, and the Court's examination of the facts, the Court is of the view that the worker has received her full annual leave entitlement under the terms of Section 19 of the Organisation of Working Time Act, 1997.

Having examined the detail of the public holiday entitlement, the Court is of the view that the worker is entitled to 11.08 hours in respect of her entitlement under Section 21 of the Act, and recommends accordingly.

Therefore, the Court recommends payment of €70.36 plus payment of €200.00 compensation. The Court upholds the appeal and varies the Rights Commissioner's decision accordingly.

The Court so determines.



Signed on behalf of the Labour Court



Caroline Jenkinson
18th March, 2003______________________
GB/MB.Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Gerardine Buckley, Court Secretary.




 
 
 
 
 
 
 
 
 

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