FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DIRECT RECRUITMENT (REPRESENTED BY LISA CARPENTER) - AND - PETR SCHEJBAL DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Appeal of a Rights Commissioner's Decision R-051646-WT-07/TB.
BACKGROUND:
2. The Worker concerned was employed by the Company from the 1st September 2005 until the 19th December, 2006. During the period of his employment he worked as a picker for Supervalu Centra at Fonthill.
The issue before the Court is a claim for Sunday Premium to be paid for the period of employment.
The Company claim that it was included in the hourly rate paid of €9.14 per hour for all hours worked including the hours worked on a Sunday.
The claim was referred to a Rights Commissioner for investigation. His decision issued on the 22nd October, 2007, in which he found that there was no evidence to show that a Sunday Premium was included in the rate of pay. He awarded the Worker €750 in compensation.
The Employer appealed the Rights Commissioner's decision to the Labour Court on the 12th November, 2007, in accordance with Section 28((1) of the Organisation of Working Time Act, 1007. The Labour Court heard the appeal on the 21st February, 2008, the earliest date suitable to the parties.
COMPANY'S ARGUMENTS:
3. 1. The Company maintains that the rate of pay exceeded the then current Minimum Wage and included pay for Sundays. The Worker signed a document to this effect.
WORKER'S ARGUMENTS:
4. 1.The Worker agrees that he signed a paper with the pay rate on it but contends that he learned later that he should have received a Premium for Sunday work.
DETERMINATION:
Having considered the submissions made by the parties, the Court does not consider that the document signed by the Respondent and setting out terms and conditions of employment complies with the requirements of Section 14 of the Act. Specifically the Court refers to what must be taken account of in the determination on an employees' pay in respect of compensation for having to work on Sundays.
The Court, accordingly, upholds the decision of the Rights Commissioner and dismisses the appeal.
Signed on behalf of the Labour Court
Raymond McGee
11th March, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.