SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
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- AND -
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Decision R-035653-Ma-05/TB.
2. The Claimant was employed by the Company from the 15th February 2005 until the 21st February 2005 when she was dismissed with one weeks notice. The Claimant maintains that she did not receive the correct holiday and public holiday pay due to her. In August 2005 the Company did pay the Claimant an amount of
€50 in respect of holidays on the basis of 8% of 40 hours (i.e. 20 hours worked plus 20 hours notice pay) at 8.50 per hour. No public holidays occurred during the period of the Claimants employment.
The issue was referred to a Rights Commissioner for investigation and decision. The Rights Commissioner upheld the complaint in respect of holiday pay and awarded the Complainant €50. He disallowed the complaint in respect of the public holiday.
The Company accepted the decision of the Rights Commissioner and paid the sum awarded in December 2005. This was to cover outstanding holiday pay due to the Claimant.
The Claimant appealed the decision to the Labour Court on the 19th January 2006, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997.
The Court heard the appeal on the 17th May 2006.
The Court is satisfied that the amount awarded to the Claimant by the Rights Commissioner corresponds to what was due and owing to her in accordance with Section 23 of the Act.
Accordingly the appeal is disallowed and the decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
22nd May, 2006______________________
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.