SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
- AND -
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Appeal against Rights Commissioner's Decision No. R-039216-WT-05.
2. The worker was employed by the Company from the 5th September 2005 to the 8th December 2005. During this period the worker claims that he did not take any annual leave nor did he receive any holiday pay.
The claim was referred to a Rights Commissioner for investigation. His decision issued on the 26th May 2006, in which he awarded the claimant compensation of €750.00 for the failure of the Employer to comply with Section 23 of the Organisation of Working Time Act, 1997. The Employer failed to attend the Rights Commissioner hearing.
The Employer appealed the Decision of the Rights Commissioner to the Labour Court on the 24th June, 2006, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 13th September, 2006. The Employer did not attend the Labour Court hearing.
The Employer failed to attend the hearing of this case before the Rights Commissioner. Having heard the evidence of the Claimant the Rights Commissioner found that the complaint was well founded and awarded the Claimant compensation in the amount of €750.00 for the Respondent's failure to comply with Section 23 of the Act. The Employer appealed that decision to the Court.
The Employer was informed of the time, date and place of the sitting of the Court at which the appeal would be determined. There was no appearance by or on behalf of the Employer at the said sitting of the Court. In consequence the appeal was not moved and the Court determines that the Decision of the Rights Commissioner be affirmed.
It is the Determination of the Court that the Employer, Cezary Marciniak, trading as CM Windows, pay to the Claimant, Daniel Derylak compensation in the amount of
€750.00 in respect of his entitlement to annual leave in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
19th September, 2006______________________
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.