SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
LIAM MURPHY T/A HIGH ROAD CABS
- AND -
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Appeal against Rights Commissioner's Decision Wt19070/04/Tb.
2. The worker was employed by the Company from March, 2003, until September, 2003. She claims that when the employment ended she had not been paid holiday pay or received any public holiday payment or days in lieu. She referred her case to a Rights Commissioner and his decision was as follows:-
"I uphold the complaint and award the claimant €580 in respect of holiday pay and €250 in respect of public holidays.
Total award of €830."
The employer appealed the decision to the Labour Court on the 23rd of December,2004, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 14th of October, 2005, in Donegal. At the hearing the employer argued that he was not the owner of the cab firm at the time in question but admitted that he was a partner. He now runs the Company. The following is the Courts determination:-
The appellant appealed against the decision of the Rights Commissioner on the basis that he was not the sole owner of the business at the time the claimant ceased her employment. He told the Court that he has since acquired the total interest in the firm.
In the Court's view, in taking over the business as a sole trader the appellant acquired the liabilities of the business as well as its assets. Those liabilities include the amount due to the Claimant in respect of holiday pay.
The Court determines that the appeal be disallowed and the award of the Rights Commissioner is affirmed.
The appellant herein is directed to pay the Claimant compensation in respect of holiday pay in the amount of €850 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
21st October, 2005______________________
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.