SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
- AND -
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation WT88/98.
2. The worker commenced employment with Dargle Cabs in December, 1997 as a controller on a four-shift basis. He claims that he had a verbal agreement to work 1 day and 3 nights but claims that the shifts were often changed without consultation.
The worker states that he was required to work 10 hour shifts without a break and claims that the Company have not paid him holiday and overtime money due to him.
The Company rejects the worker's claims. It states that the worker received all benefits due to him while in the employment of the Company.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 10th of July, 1998. The following is the Rights Commissioner's recommendation:-
On the basis of the evidence presented, I am satisfied that
the worker did not receive his full holiday entitlements. Furthermore,
a person who is not rostered to work for a bank holiday is
entitled to payment or additional leave in accordance with the
Act. Overtime is not included for the purpose of calculating
Taking account of the evidence presented at the hearing and the
conclusion set out above, I recommend that the worker should
receive compensation for three weeks wages in full and final
settlement of all of his claims under the Working Time Act, 1997."
The Company appealed the recommendation to the Labour Court on the 8th of October, 1998 in accordance with Section 28 (1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 26th of November, 1998.
The absence of reliable records relating to the amount paid to the claimant in respect of holiday pay makes it impossible for the Court to make a precise calculation of the amount now due to him. On the submissions made and taking the claimant's own estimates of the amount due, it appears to the Court that if the Rights Commissioner erred in her calculations she did so to the claimant's advantage.
In the circumstances of this case the Court considers that the claimant should be paid compensation in the amount of £500 in full settlement of all of his claims under the Organisation of Working Time Act, 1997.
The Rights Commissioner's decision is varied accordingly.
Signed on behalf of the Labour Court
3rd December, 1998______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.