SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
MORTGAGE ADVICE SHOP
- AND -
(REPRESENTED BY MANDATE)
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Decision WT524/00/GF
2. The worker concerned commenced employment with the Mortgage Advice Shop on the 2nd of April, 1999. Her employment was terminated on the 13th of February, 2000. In April, 2000 the worker submitted a complaint to a Rights Commissioner in respect of holiday pay for investigation under the Organisation of Working Time Act, 1997. The Rights Commissioner's Background and Decision are as follows:
1. "The claimant told the Rights Commissioner she had been employed by the respondent for a period of 10 months during which she had only received 2 days holiday pay.
2. The Respondent accepted that he was the employer and said some confusion had arisen with regard to the claimant's holidays and the fact that she had not applied for them.
It is clear the claimant is entitled to be paid holidays for the period she was employed.
The onus is on the employer to ensure she receives them. I decide the complaint is well
founded and I award her the sum of £830.00 in outstanding entitlements to be paid
The Rights Commissioner's Decision was appealed by the Company on the 17th of July,
2000. The Court heard the appeal on the 5th of September, 2000. The employer
was not represented at the hearing."
The employer, having appealed the decision of the Rights Commissioner, failed to attend the hearing of the Court to present the appeal.
In these circumstances it is the determination of the Court that the appeal be dismissed and the Decision of the Rights Commissioner affirmed.
Signed on behalf of the Labour Court
21 September, 2000______________________
Enquiries concerning this Determination should be addressed to Fran Brennan, Court Secretary.