SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
THREE RIVERS OIL COMPANY LIMITED
- AND -
MR KEVIN GLEESON
(REPRESENTED BY MICHAEL COLLINS AND COMPANY, SOLICITORS)
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Appeal against the Rights Commissioners Decision Wt284/99GF
2. The worker was employed by the Company for 14 years. He resigned on the 4th of June, 1999. His claim is that he is owed 13 days' holiday pay - a sum of £925.13 - which he had accumulated in his time with the Company. His normal holiday leave for one year was 21 days. In March, 1998, the worker took 32 working days (unbroken) for a holiday in Australia. This was done with the consent of the Company. The Company's view is that the worker took all the holiday leave that was due to him, and that he is not owed any money.
The worker referred his case to a Rights Commissioner and his Decision is as follows:
"On balance, I have decided this claim is not well founded and, therefore, it fails".
The worker appealed the Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 (the Act). A Labour Court hearing took place on the 22nd of February, 2000, in Kilkenny.
3. 1. The worker enquired at the end of each year about carrying over leave and was told that he had "X" amount left. Other workers in the Company did the same thing. As the worker had not taken his full holiday entitlement during his 14 years' employment he had, at the time of his resignation, a total of 13 days carried forward. This was done by arrangement with the Company.
4. 1. The worker received his full statutory holiday entitlements throughout his years of employment in the Company. The Company complied fully with the provisions of the Act. It did not consent to the worker carrying over leave in excess of his statutory entitlement. This was confirmed to the worker by letter of the 30th of June, 1999.
The Court notes that the claimant received the full amount of annual leave to which he was entitled under Section 19 of the Organisation of Working Time Act, 1997. The complaint made by the claimant relates to periods of annual leave, to which he claims an entitlement, in excess of the statutory entitlement. Such a complaint cannot be entertained under Sections 27 or 28 of the Act.
In these circumstances, the Court holds that the decision of the Rights Commissioner is correct.
The decision of the Rights Commissioner is affirmed, and the appeal disallowed.
Signed on behalf of the Labour Court
6th March, 2000______________________
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.