SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
BEAU LOUIS LIMITED ( T/A CAR BUYERS' GUIDE)
- AND -
MR. NIGEL ARMSTRONG
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Decision WT 1069/00/CW.
2. The dispute concerns a claim by the worker, who was employed by the Company from 6th September, 1999 to 4th April, 2000, that he was entitled to outstanding holiday pay following the termination of his employment. The matter was investigated by a Rights Commissioner, at whose investigation the Company did not attend. The Rights Commissioner decided that the worker was entitled to 8 and 2/3 days' pay at a daily rate of £69.23, amounting to £553, plus compensation of £147, totalling £700. The employer, who had not attended the Rights Commissioner's hearing, appealed his decision, 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 31st August, 2000.
Following discussions at the hearing, based on the written and oral submissions, it was agreed by both sides that the amount of holidays due was 4.5 days at £69.23 per day, total £311.53.
The Court finds no grounds for paying compensation in this case and, therefore, awards the claimant £311.53.
Signed on behalf of the Labour Court
20th September, 2000______________________
Enquiries concerning this Determination should be addressed to Michael Keegan, Court Secretary.