SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
MR GEORGE KIRWAN
- AND -
MR KEVIN MCMULLEN
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
1. Complaint that Rights Commissioner's Decision WT63/98 has not been implemented.
2. The appeal concerns a worker who was employed by the above-named employer from June, 1997, to January, 1998. The worker submitted a claim for outstanding payments to a Rights Commissioner under the Organisation of Working Time Act, 1997, and the Payment of Wages Act, 1991. The Rights Commissioner decided that the worker should receive £150 nett in full and final settlement of his claim. Her Decision issued on the 28th of May, 1998.
On the 31st of July, 1998, the worker referred a complaint to the Labour Court that the Rights Commissioner's Decision had not been implemented. A Labour Court hearing in accordance with Section 28(8) of the Organisation of Working Time Act, 1997, took place on the 23rd of November, 1998. Both parties made written and oral submissions to the Court. The Company contended that, in accordance with the Rights Commissioner's Decision, the worker had been paid the amount of £150 awarded to him.
The Court, presented with a total conflict of evidence, finds it very difficult to come to a definitive conclusion. Therefore, in the absence of any documentary evidence confirming payment of £150 to the claimant, the Court determines that the Rights Commissioner's
Decision must be implemented by proving that the payment has been paid. The Court, therefore, recommends that a cheque for £150 will now have to be paid to the claimant, who will be required to sign proof of having received such a payment.
The Court so determines.
Signed on behalf of the Labour Court
11th December, 1998______________________
Enquiries concerning this Determination should be addressed to Dympna Greene, Court Secretary.