SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
HEALTH SERVICE EXECUTIVE-SOUTHERN AREA
- AND -
(REPRESENTED BY THE PSYCHIATRIC NURSES ASSOCIATION)
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Appeal of Rights Commissioners Decision WT/18033/04/DI.
2. The case before the Court is an appeal by the HSE Southern Area of Rights Commissioners Decision WT/18033/04/DI.
The dispute centres around the payment of the appropriate holiday premium to a worker who retired in October, 2001. The policy of the HSE in this regard is that all holiday premia are paid in June/July of the year following the year in which the annual leave was taken. In this case, premia due to the worker for the period up to October, 2001, would be paid in June/July, 2002.
The Union is claiming that the worker was not paid his correct entitlement on the due date.
The HSE rejects the claim on the basis that in August, 2002, all entitlements were paid to the worker for the relevant period up to his retirement in October, 2001.
The matter was referred to a Rights Commissioner who issued his findings and Decision as follows:-
"While I accept that the Claimant has been paid strictly in accordance with SHB policy, I find in favour of the Claimant and award him compensation equivalent to the overtime premium that was owed to him at the time of his retirement. This sum is subject to statutory deductions". The worker was named in the Rights Commissioner's Decision.
On the 30th of November, 2004, the employer appealed the decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 12th of October, 2005.
3. 1. The worker was paid all due entitlements up to his date of retirement in strict accordance with HSE policy.
2. The Rights Commissioner erred in his Decision as "overtime premia" were not relevant to this case.
4. 1. The worker did not receive his correct entitlement in June/July, 2002, following his retirement in October, 2001.
The appeal before the Court is strictly in relation to the case of one named Claimant (as agreed by both parties). In that context it is the view of the Court that the Claimant was treated in accordance with the provisions of the Scheme and received his entitlements up to and including his last year of service.
The Court accordingly allows the appeal in this regard.
Signed on behalf of the Labour Court
8th November, 2005______________________
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.