FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FAMILY MARKET - AND - DAVID MORRIS DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer's Decision No.ADJ-00001356
BACKGROUND:
2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act,1997. A Labour Court hearing took place on 29th November, 2017. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Mr Darwesh Karim trading as Family Market against an Adjudication Officer decision ADJ-00001356 in a complaint by Mr David Morris former employee, pursuant to s.41 of the Workplace Relations Act 2015. The complaint relates to alleged contraventions of the Organisation of Working Time Act 1997 (the Act) in relation to the payment of holiday pay. The Respondent stated that he was not present at the Adjudication hearing as he was not notified of the hearing. The Adjudication Officer awarded the Complainant € 787.15 for economic loss and a further €500 compensation.
In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Mr Morris is referred to as the Complainant and Family Market is referred to as the Respondent.
Claim
The Complainant was employed by the Respondent between 18th April 2014 and 4thDecember 2015 when his employment terminated. He presented a complaint to the Workplace Relations Commission on the 5thJanuary 2016. His complaint is that the Respondent had contravened the Act in relation to his employment. The contravention related to not granting him his full annual leave for the period he worked there. The Complainant confirmed that for the period 1 April 2015 to 4 December 2015 when his employment terminated he received the correct annual leave entitlement. The Complainant’s claim is in relation to the period 18 August 2014 to 31stMarch 2015. The Complainant submitted his claim on the 5thJanuary 2016. The relevant period for the purpose of the Act is six months; the relevant period therefore is 6thJuly 2015 to 5thJanuary 2016. As the Complainant confirmed that there were no breaches within that period the claim is out of time
Determination
The Courts determines that the claim is out of time. The Adjudication Officer's Decision is overturned.
The Court so determines.
Signed on behalf of the Labour Court
Louise O'Donnell
15th December 2017______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.