SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
ROCKLANDS SERVICE STATION
- AND -
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioners Decision WT20079/04.
2. The worker was employed by the Company (at that time called Dala Property Management Limited) in 2003 and 2004. He claims that he worked most weekends and during the summer months - sometimes 40-50 hours per week - and that his employer contravened the Organisation of Working Time Act, 1997, (the Act). The worker gave as example of this - no overtime payment, no holiday pay and no extra payment in lieu of Bank Holidays. The worker supplied pay slips to the Court covering a number of weeks worked from May 2003 to May 2004.
The employer claims that the worker was paid all monies due to him and that he could not have worked 50 hours per week as he was still in school. The employer supplied pay slips in defence of his case and claims that the worker was employed for an average of 20 hours per week.
The worker referred his case to a Rights Commissioner whose decision was as follows:-
"Based on the uncontested evidence of the claimant I uphold the complaint and find that he is entitled to 29 days pay in respect of holidays and public holidays due for the final year of his employment. The time limit in the legislation does not permit me to go back further.
I award the claimant €1500 in compensation".
The employer did not attend the Rights Commissioner's hearing but appealed the decision to the Labour Court on the 2nd 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 1st of June, 2006, in Wexford, the earliest date suitable to the parties. The following is the Court's determination:
Having considered the submissions of the parties and the evidence produced on the day, the Court, while noting the employer's failure to keep adequate records, considers that the Rights Commissioner's award (made on an uncontested basis) to the claimant should be reduced to €1,000, and varies the Rights Commissioner's recommendation accordingly.
Signed on behalf of the Labour Court
5th July, 2006.______________________
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.