SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
CONNAUGHT SECURITY GROUP LTD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Appeal against Rights Commissioner's Recommendation WT75/00.
2. An appeal has been lodged by the Company against the Rights Commissioner's Decision WT75/00.
I decide that the complaints under two of the Acts succeed. I order the Company to pay two weeks pay to Mr. Pearse in respect of the 1994 Act, notionally £500. Under the 1997 Act, I order the following payments to Mr. Pearse.
Public holidays: £200 and £200 compensation.
Holiday Pay: £100 notionally and £100 compensation.
Sunday Premium:£130 and£130 compensation.
On the 23rd of June, 2000, the Company appealed the Rights Commissioner's recommendation made under the Organisation of Working Time Act 1997 (the award made under the 1994 Act being appealed to the E.A.T. ) to the Labour Court and the Court heard the appeal on the 14th of December, 2000.
In relation to the sum of £860 due to the worker under the Organisation of Working Time Act, 1997, the Court having considered the written and oral submissions upholds the Rights Commissioner's decision to award the worker £860.00p in this case and rejects the Company's appeal.
The Court notes the Union commitment not to make any other claims based on this case.
Signed on behalf of the Labour Court
4th January, 2001______________________
Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.