SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
ROBERT MURPHY T/A NAN'S SUPERVALU BALLYMUN
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Ms Tanham
1. An appeal against a Rights Commissioner's Decision r-134601-wt-13/MMG.
2. The Complainant said he had moved address before the Rights Commissioner Service had written to him and he was unaware of the Rights Commissioner’s hearing date. The Rights Commissioner found against him for not attending the hearing. The Complainant claimed he is entitled to holiday pay for 2009, 2012 and 2013.
The Employer confirmed the Complainant was entitled to €735.00 in arrears of holiday pay and said the reason for the underpayment was because the annual leave days were grouped together to allow the Complainant, who was not from Ireland, to travel home for more than two weeks at a time. The Employer said that in 2011 the Complainant took five weeks' holidays to go home and was paid in full.
The Complainant appealed the Rights Commissioner's Decision to the Labour Court on 19th December, 2013 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 21st February 2014. The following is the Determination of the Court.
The Complainant brought a complaint before a Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) alleging a breach of Section 19 of the Act. The Rights Commissioner held that the claim failed for lack of prosecution.The Complainant appealed the Decision to this Court.
In the course of the hearing the Employer accepted that there was monies owing in respect of outstanding annual leave under the Act. In all the circumstances the Court hereby determines that the Employer pay to the Complainantthe sum of €735.00 with immediate effect but in any event not later than six weeks from the date of this Determination.
Accordingly, the Court overturns the Decision of the Rights Commissioner and the Complainant’s appeal is allowed.
The Court so Determines.
Signed on behalf of the Labour Court
24th February, 2014.Deputy Chairman
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.