FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DOR ENGINEERING - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation R-046215-WT-06.
BACKGROUND:
2. The Worker concerned maintains that he was employed by the Company from the 18th July 2005 to the 11th August 2006 and that when he left the employment he was due 8 days holiday pay which he did not receive.
The issue was referred to a Rights Commissioner for investigation and recommendation.The Employer did not attend as he was hospitalised at the time. The Rights Commissioner's recommendation issued on the 10th July, 2007, as follows:-
"On the uncontested evidence I declare the complaint is well founded and I require the respondent to pay the claimant €2,000 in compensation."
The Company appealed the recommendation to the Labour Court on the 31st July,
2007, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 28th February, 2008, the earliest date suitable to the parties.
COMPANY'S ARGUMENTS:
3. 1.The Company maintains that the Worker was employed from the 19th August, 2005 to the 29th September, 2006.
2.The Company states that the Worker was paid for 17 of the 19 days it believes he was entitled to.
WORKER'S ARGUMENTS:
4. 1.The Worker maintains that his period of employment with the Company was from 18th July 2005 to the 11th August, 2006 and that there was an outstanding holiday entitlement of 8 days leave to be paid to him.
DECISION:
The appeal of the Rights Commissioner’s Recommendation before the Court concerns the Employer’s rejection of its findings. The claim concerned the Worker’s claim for eight days outstanding annual leave.
Having considered the submissions of both parties and the information supplied to the Court, it is satisfied that the Worker received 16 days annual leave out of an entitlement to a total of 21 days for the period in question. Therefore, the Court recommends that the Employer should pay him the sum of €600 compensation in full and final settlement of the claim. The Rights Commissioner’s recommendation is varied accordingly.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th March, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.