SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
SALON SELECT LIMITED
- AND -
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Appealing against a Rights Commissioner's Decision r-129136-wt-12/MMG.
2. The Employer appealed the Rights Commissioner’s Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 24th April, 2013. The Court heard the appeal on the 15th August, 2013, the earliest date suitable to the parties.
The matter before the Court is an appeal of a Rights Commissioner’s Decision under the Organisation of Working Time Act 1997 (the Act) which found in favour of Ms. Alisha Gorman’s claim against her employer, Salon Select Limited, in respect of public holidays. The Rights Commissioner upheld the complaints and awarded the sum of €750.00.
The Employer appealed the Decision.
The Employer did not attend before the Rights Commissioner. He outlined the reasons to the Court.
For ease of reference the parties are referred to as they were at first instance. Hence Ms. Alisha Gorman is referred to as “the Complainant” and Salon Select Limited is referred to as “the Respondent”.
The Complainant submitted a claim under the Act to the Rights Commissioner on 17thDecember 2012.
The Complainant was employed by the Respondent from 1stJune 2011 until 15thFebruary 2013, as a Sales Assistant on a job sharing basis and was paid €9.00 per hour. On the day the Complainant’s employment terminated she was paid a sum of €1067.54. The Complainant told the Court that the payslip attached to this payment did not give an explanation of the elements which were included in the amount, therefore she did not know whether she had received her full entitlements under the Act. Consequently she decided to pursue a claim to the Rights Commissioner under the Act.
At the hearing before the Court the Respondent gave an explanation of the payments made; which included basic pay, payment for outstanding annual leave and for all public holiday entitlements occurring during the entire duration of the Complainant’s employment. It also included payment in lieu of notice. This explanation was accepted by the Complainant who confirmed receipt of payment. Therefore, the Court is satisfied that there are no outstanding entitlements due under the Act, accordingly the Respondent’s appeal is upheld and the Rights Commissioner’s Decision is overturned.
The Court so Determines.
Signed on behalf of the Labour Court
19th August 2013______________________
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.