SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
J C MECHANICAL ENGINEERING LTD
- AND -
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioners Recommendation WT20042/04/JC.
2. The worker commenced employment with the Company in April,2003 and resigned from the Company on 7th May 2004. The claim is in relation to annual leave entitlements for the period December 2003 - March 2004. He received no payment in respect of that leave or in respect of 3 public holidays. He was also granted annual leave in the April, 2004 to May 2004, but received no payment in respect of that leave or in respect of one public holiday during that period. A Rights Commissioner's hearing took place on the 13th August, 2004 and her decision was issued on the 8th October, 2004 as follows:
"On the uncontested evidence of the claimant I find that the claim is well founded in respect of non-payment of weekly wages, overtime: annual leave and public holidays.
I find that the employer is to pay the claimant compensation in the sum of €1,213.90 (net) in respect of unpaid wages and overtime and €1,452 (net) in respect of non payment of 9 and one half days annual leave and 4 public holidays i.e. Christmas day, 2003, St. Stephens day 2003, and NewYears day, and Easter Monday 2004.
The total compensation in the sum of €2,665.90 (net) to be paid by the employer to the claimant within 6 weeks of the date of this decision"
The Company appealed the Rights Commissioner’s decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 14th October, 2004 on the grounds that "the terms of the alleged complaint are incorrect and that the amount claimed is grossly miscalculated. Our calculations show a more reduced figure. Terms outlined for hours worked are incorrect and the Company wishes to disprove his claim"The Court heard the appeal on the 19th January, 2005.The Court informed the parties that they would only be dealing with the annual leave and public holiday issue.
Having considered the oral and written evidence presented by the parties, the Court on the basis of the available evidence, allows the worker payment for one Public Holiday and 9½ days annual leave, at a rate of €15.20 per hour. The Employer agrees that €331.96 in Holiday pay is not in question.
The Court calculates the total payment due at €1,276.80 (to include the agreed €331.96) and varies the Rights Commissioner's Recommendation accordingly. The Court so determines.
Signed on behalf of the Labour Court
25th January, 2004______________________
Enquiries concerning this Determination should be addressed to Jackie Byrne, Court Secretary.