SECTION 28(1); ORGANISATION OF WORKING TIME ACT; 1997
CASTLEMANOR CONSTRUCTION LTD
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
1. Appeal by the Company against Rights Commissioner's Decision WT 3867/01/CW.
2. The appeal concerns a worker who commenced employment with the Company on the 4th of September, 2000. His employment was terminated on the 19th of January, 2001. The worker claims that he was entitled to both Holiday Pay and Bank Holiday Pay for the period he worked for the Company. The Company rejected the claim. The dispute was referred to a Rights Commissioner for investigation. On the 25th of May, 2001, the Rights Commissioner issued his Decision as follows:-
"The practice of the Company as outlined is in my view, unlawful. I uphold the complaint. The claimant is entitled to 7½days holidays and 4 public holidays. On his rate of £90 (114.28 Euro) per day, he is entitled to a payment of £1,035 (1314.18 Euro) and I award him this amount."
On the 5th of July, 2001, the Company appealed the Rights Commissioner's Decision to the Labour Court. The Court heard the appeal on the 20th of September, 2001.
The Court has carefully considered the employer's reasons advanced by the employer in appealing the Rights Commissioner's recommendation. It can see no reason to change that recommendation. This Court has already determined that allowance in lieu of holiday pay is in breach of the provisions of the Act. Therefore, the Court rejects the Company's appeal. The amount recommended by the Rights Commissioner of £1,035 (1314.18 Euro) should be paid without delay.
The Court so determines.
Signed on behalf of the Labour Court
3rd October, 2001______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.