SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
GAMMA GEOGRAPHICAL AND MULTIMEDIA
- AND -
MR MYLES FINNEGAN
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's decision WT12/99/JH.
2. The Worker was employed by the Company from the 2nd of November, 1998, until the 8th of January, 1999. He claims that he did not receive his full entitlement to holiday pay.
The Company rejects this claim. It states that the worker received all payments due to him in respect of holidays while in the employment of the Company.
The dispute was referred to a Rights Commissioner for investigation. Her decision issued on the 17th of February, 1999, as follows:
"On the basis of the evidence presented, Mr. Finnegan does not have a valid claim having received his full entitlement to holiday pay."
The worker 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 26th of February, 1999. The Court heard the appeal on the 21st of May, 1999.
The Court has considered the appeal of the Rights Commissioner's decision and finds that the employer did not comply with Section 20(1)(b) of the Organisation of Working Time Act, 1997 which stipulates that the employer must inform the employee, one month in advance, of the timing of annual leave.
Due to this non-compliance, the employee was not aware of the Company closure for holidays in December. Under the terms of the Organisation of Working Time Act, 1997, the employee has built up an entitlement to 3 days' annual leave between the 2nd of November, 1998 and the 8th of January, 1999. The appellant indicated that he had received a half day's annual leave during the period of his employment. Therefore, the Court determines that the appellant has outstanding annual leave of two and a half days, and should now be paid two and a half days' pay by the employer.
The Rights Commissioner's decision is hereby amended, the appeal succeeds.
Signed on behalf of the Labour Court
17th June, 1999______________________
Enquiries concerning this Determination should be addressed to Gerardine Buckley, Court Secretary.