SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
COMPLEAT EMPLOYMENT AGENCY
- AND -
(REPRESENTED BY DON BRENNOCK & ASSOCIATES)
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioners Decision WT9236/02/TB.
2. The worker was employed by the agency on the 13th of February, 2002, to work as a recruitment officer. He claims that from the start he had problems with his employer e.g. he was not paid regularly, he was not paid the contracted amount and he received no pay slip. He also claims that his terms of employment were either changed or ignored in that he was expected to work excessive hours and had outstanding holiday pay due to him (the worker supplied other details to the Court). The worker left on the 22nd of March, 2002, after 6 weeks employment.
The employer's case is that there was no contract of employment or, if there was, the worker was in breach of it by failing to fulfil his duties. She claims that he could not drive properly, could not use a computer and that he failed to present himself for work. She also claims that he was asleep at his desk on the 17th of March, 2002, a Bank Holiday. The employer states that at all times she tried to help the worker.
The worker referred his case to a Rights Commissioner and his recommendation was as follows:
"I uphold the complaint under the Payment of Wages Act and award the claimant €700 due to him in outstanding wages.
I uphold the complaint that he was not provided with a payslip and award him €100 in respect of this matter.
I uphold his complaint under the Organisation of Working Time Act in respect of St Patrick's Day and award him €51 in respect of this day.
I award him €76.50 in respect of holidays due to him.
The above effectively deals with his complaints under the Industrial Relations Act and under the Minimum Wage Act.
The total award to the claimant is €927.50."
(The issue in relation to the Payment of Wages Act is being pursued at another forum).
The employer appealed the recommendation to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The following is the Court's determination:
The employer appealed against the decision of the Rights Commissioner on a number of grounds which were set out in a written statement furnished to the Court. The employer did not attend the hearing of the appeal but sent a representative. This representative was not in a position to expand upon or explain the points contained in the written statement. The claimant did appear and was represented.
Having considered all matters arising in the appeal, the Court can see no basis upon which it could be contended that the Rights Commissioner erred in his decision. Specifically, the Court is fully satisfied that the claimant was employed by the respondent under a contract of employment and that this employment was encompassed by the Organisation of Working Time Act, 1997. The Court is further satisfied that the claimant worked on the public holiday in respect of which he was awarded compensation.
Accordingly, the appeal is disallowed and the decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
8th April, 2003______________________
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.