SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
KC EXPRESS COURIERS LIMITED
- AND -
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Appeal by the Company against Rights Commissioner's Decision WT3049/00/JH.
2. The appeal concerns a worker who commenced employment on the 20th March, 2000. The worker's employment ended on the 20th November, 2000. He claimed that he was 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. On the 27th February, 2001, the Rights Commissioner issued her Decision as follows:-
"While noting the manner in which the Company recorded Mr. Meehan's pay for tax purposes i.e. basic pay plus expenses , I am satisfied that there was no agreement to this effect and no payslips issued which record the pay arrangements in the manner claimed by the employer. The rate of pay for the purpose of holiday pay should have been £310 per week nett. On this basis Mr. Meehan received £310 notice pay and £140 holiday pay in his final payment. The entitlement accrued during his employment was 13.28 days less 5 taken=8.28 days owed. At a rate of £62 per day, this amounts to £513.36 less £140 paid. The balance due to Mr. Meehan is £373.36 in respect of his holiday entitlements.
On the 5th March, 2001, the Company appealed the Rights Commissioner's Decision to the Labour Court. The Court heard the appeal on the 22nd May, 2001.
In the course of the hearing, the representative of the employer told the Court that they were not proceeding with their challenge to the decision of the Rights Commissioner.
In these circumstances the decision of the Rights Commissioner is upheld and the appeal disallowed.
Signed on behalf of the Labour Court
6th June, 2001______________________
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.