SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997
CAMPHILL COMMUNITIES OF IRELAND
(REPRESENTED BY MR. STEPHEN O'SULLIVAN BL, INSTRUCTED BY BEALE & CO SOLICITORS)
- AND -
(REPRESENTED BY MS. LAUREN TENNYSON BL, INSTRUCTED BY POE KIELY HOGAN LANIGAN SOLICITORS)
1.Appeal Of Adjudication Officer Decision No: ADJ-00021196.
In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Elke Williams is referred to as the Complainant and Camphill Communities of Ireland are referred to as the Respondent. This complaint is linked to complaint UD/20/108 where the Court has determined that the Complainant was employed under a contract of employment and therefore is covered by the requirements of the Act.
The Complainant lodged her complaint with the WRC on the 23/4/2019 therefore the cognisable period is 24thOctober 2018 to 23rd April 2019
The Complainant joined the Respondent, a registered charity, in September 1994 and performed a variety of roles within the organisation. The nature of the Respondent’s organisation is that they provide support on a residential and non- residential basis to those with intellectual disabilities and other needs in a community setting. The Complainant’s role within the community was as a Long- Term Co-Worker (LTCW). The Complainant with her family lived within the community and their accommodation and reasonable needs were met by the community. The Complainant’s husband was also taken on as a LTCW. The ethos of the organisation is that the relationship to the community is based on mutual trust, a shared vision and inner commitment to the principles values and aims of the community. It is the Respondent’s position that the Complainant was an LTWC and not an employee and therefore not covered by the Act.
It is the Complainant’s case that she did not get paid for the following Bank Holidays October 2018, 25 and 26 December 2018 and New Year’s Day 2019. The Complainant submitted that she was on certified sick leave until her employment was terminated on the 31stDecember 2018 and therefore, she is entitled to be paid for those bank holidays.
The Respondent submitted that the Complainant was not an employee she was a LTCW and therefore did not fall within the scope of the Act. The Respondent also submitted that the Complainants relationship with the Respondent had ended on the 15th October 2018, therefore her claim was out of time.
In linked case UD/20/108 the Court determined that the Complainant was an employee and that her employment was terminated on the 31stDecember 2018. It was not disputed by the Respondent that the Complainant did not receive payment for the four bank holidays. Therefore, the Court determines there was a breach of section 21 of the Act
The Court Determines that the Complainant should be paid €100 compensation in respect of each breach arising from the non-payment of Public Holiday. As there were four Public Holidays within the relevant period the Complainant should be paid the sum of €400.
The Court so Determines.
Enquiries concerning this Determination should be addressed to Shane Lyons, Court Secretary.