SECTION 17(1), PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001
DUNNES STORES - LETTERKENNY
(REPRESENTED BY WILLIAM FRY SOLICITORS)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr. Somers
1. Appeal Of Rights Commissioners Decision PT11544-11572/02/TB.
2. Determination supplementary to Determination No. PTD046 dated 12th May, 2004.
This Determination is supplementary to the Determination of the Court issued in this matter on the 14th May 2004 and numbered PTD046 and should be read in conjunction with that Determination.
In his original decision on this matter the Rights Commissioner PT11544 – 11572/02/TB (the Letterkenny case) failed to award the complainants compensation in respect of their claim under the Company’s sick pay scheme but directed retrospection to the date on which the claim was lodged with the Labour Relations Commission - 1st July 2002. By contrast, in a similar case in Dunnes Stores Cavan PT9890 – 9928/02, PT10884, PT11196 - 11204, PT11235, PT10885, (the Cavan case) the Rights Commissioner directed retrospection to 20th December 2001 and awarded €500 to each complainant. In their appeal in respect of the Letterkenny case, the Union sought an award of compensation and retrospection in line with the Rights Commissioner’s decision in the Cavan case.
The Court in its original Determination omitted to deal with this aspect of the appeal.
Therefore, in order to deal with this aspect of the appeal under the Letterkenny case and with the consent of both parties, the Court therefore issues this following supplementary Determination in respect of that aspect of the claim dealing with the Company’s sick pay scheme.
SICK PAY SCHEME
In respect of the differences in the treatment of the claimants as regards the Company’s Sick Pay Scheme, each claimant is to receive the sum of €500 net compensation in accordance with the provisions of the Protection of Employees (Part – Time Work), Act 2001. In addition, where there is an entitlement, each employee shall receive sick pay in the same manner that applies to the comparable full time employee, retrospectively from 20th December 2001, on a pro rata basis commensurate with the hours worked.
The Court so determines
Signed on behalf of the Labour Court
26th January, 2005_____________________________
Enquiries concerning this Determination should be addressed to Jackie Byrne, Court Secretary.