SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
PARK WEST SECURITY LIMITED
- AND -
MR GERRY BOSONNET
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioner's Decision WT96/99GF.
2. The worker concerned commenced employment with the Company on the 10th of August, 1998. He claims that he did not receive payment of his full holiday entitlements for the period of his employment from the 10th of August, 1998 to the 15th of February, 1999. The Company rejects the claim. It states that the worker's employment was terminated on the 20th of November, 1998 and he received all payments due to him in respect of holiday entitlements.
The worker argues that he was absent on sick leave from the 11th of November, 1998 to the 15th of February, 1999.
The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner's Decision issued on the 30th of April, 1999, is as follows:
"I find the complainant to be a credible witness. I estimate his loss as £430.00 and my decision is that he be paid this amount forthwith."
The Rights Commissioner's Decision was appealed by both parties to the Labour Court in accordance with Section 28 (1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 5th of August, 1999.
The Court having considered the written and oral evidence provided by the parties is satisfied that the figure of £430.00 assessed as owing to the claimant in the Rights Commissioner's Decision is correct.
The Court therefore upholds the Rights Commissioner's Decision, rejects the appeal.
Signed on behalf of the Labour Court
15th October, 1999.______________________
Enquiries concerning this Determination should be addressed to Fran Brennan, Court Secretary.