SECTION 28(1); ORGANISATION OF WORKING TIME ACT; 1997
C & A TAVERNS LTD.
- AND -
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Appeal by the Company against Rights Commissioner's Decision WT90.
2. The Company has appealed the Decision of the Rights Commissioner. It states that the claimant was employed for the summers of 1998 and 1999, and that his weekly salary of £190.00 per week was inclusive of both holiday and Sunday premiums.
The worker claims that from 29th April, 1999 to 26th October, 1999 he was not paid for four public holidays and that he had only received five days annual leave for the period. He also states that he was not paid the premium rate for Sundays. The worker claims that he is entitled to the payments under the terms of the Working Time Act, 1997. The dispute was referred to a Rights Commissioner for investigation and decision. The Rights Commissioner investigated the dispute on the 13th June, 2000. On the 19th January, 2001, the Rights Commissioner issued his decision as follows:-
"I am satisfied the claimant is entitled to the protection of the Act. I decided that the claim is well founded and I award the claimant the following amounts:
£190.00 Annual Leave
£152.00 Public Holiday
£760.00 unday Premium Arrears
to be paid forthwith."
On the 5th, February, 2001 the Company appealed the Rights Commissioners Decision to the Court. The Court heard the appeal on the 15th May, 2001.
The Court was supplied with comprehensive written evidence of payment by the employee and both sides made written and oral submissions in relation to the dispute.
Having considered all of the submissions the Court finds no reason to alter the Rights Commissioner's Recommendation.
The Court, therefore, rejects the appeal and awards the complainant the sum of £1102.00.
Signed on behalf of the Labour Court
11th June, 2001______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.