SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
DECLAN MCCORMACK & SONS
- AND -
PATRICK J. BRACKEN
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Appeal by the worker against Rights Commissioner's Decision WT270/99/GF.
2. The worker concerned commenced employment with the Company in October, 1997 He terminated his employment in July ,1999.. The appeal relates to a claim by the worker that he is entitled to arrears of holiday pay under the terms of the Organisation of Working Time Act, 1997. The Company rejected the claim. The dispute was referred to a Rights Commissioner for investigation in September1999. On the 13th of October, 1999, the Rights Commissioner issued his decision as follows:
"On balance I am inclined to accept the employer's recollection of the holidays taken and the amount still outstanding. I decide the claim is well founded and I order that the claimant be paid the sum of £69.00 forthwith."
On the 20th of October, 1999, the employee appealed the Rights Commissioner's decision to the Labour Court.claiming that he was entitled to another three days pay. The Court heard the appeal in Tullamore on the 24th of February, 2000.
The dispute concerns the taking of 3 days' annual leave, which the appellant claims were never taken. The Court is faced with deciding on who to believe in a situation where there is a dispute over whether the leave was taken or not. This is an unsatisfactory situation for the Court, however, in the absence of any contradictory evidence the Court has no alternative but to accept the limited recorded evidence presented to it by the employer. Therefore, the Court accepts that the leave was taken by the appellant and there is no outstanding leave entitlement.
The appeal of the Rights Commissioner's Decision is therefore, rejected.
Signed on behalf of the Labour Court
13th March, 2000.______________________
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.