SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL & TECHNICAL UNION)
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Decision WT1402/00/MR.
2. The Union submitted a claim on behalf of the worker for the payment of holiday pay, and also for pay in relation to public holidays.
The Company rejected the claim on the basis that it was out of time in accordance with Section 27(4) of the Organisation of Working Time Act, 1997.
The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner issued his decision on the 22nd of October, 2001, as follows:-
"In accordance with Section 27 of the Act, I hereby declare that this complaint is out of time".
On the 30th of October, 2001, the Union appealed the Rights Commissioner's Decision to the Labour Court under Section 28(1)of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 12th of March, 2002.
3. 1. The Rights Commissioner decided that he would hear a "test case" and stated that his Recommendation would apply to any employee who had a similar claim against the respondents.
2. The workers were of the opinion, based on the Rights Commissioner's statement, that they would not have to lodge individual claims as he was not going to hear each case.
3. There were extenuating circumstances attached to the delay in this worker processing his claim and this was due to the misleading statement made by the Rights Commissioner.
4. As a result of the Right Commissioner's Recommendation the claimant is significantly out of pocket.
4. 1. The worker received a premium payment in lieu of holiday pay.
2. The claim was not submitted within the 6 month period as specified by Section 27(4) of the Organisation of Working Time Act, 1997.
3. The "test case" only applied to those who had their application in on time.
4. The Company requests the Court to uphold the Rights Commissioner's Decision.
The Court, having considered the written and oral submissions made by the parties, supports the Rights Commissioner's findings.
The Court, therefore, rejects the appeal and upholds the rights Commissioner's Decision
The Court so determines.
Signed on behalf of the Labour Court
2nd May, 2002______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.