DWT9810

FULL RECOMMENDATION WTC/98/9 DETERMINATIONNO.DWT9810 (230/98) SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DON BOSCO HOUSE - AND - IMPACT DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Appeal of Rights Commissioner's Decision No. 230/98.





BACKGROUND:

2. The appeal concerns a worker who has been employed for a number of years as a childcare worker with Don Bosco House. He operates a roster which requires him to work unsocial hours for which premium payments are made. The worker argues that payment for annual leave has heretofore been paid at basic rate, contrary to his entitlements under the Holidays (Employees) Act, 1973 and the Organisation of Working Time Act, 1997.

The dispute was referred to a Rights Commissioner on the 1st of September, 1998. The Rights Commissioner's findings and decision are as follows:-


"I am satisfied that the applicant has a legitimate
grievance and the existence of two methods of
holiday pay calculation for health care workers
creates a serious anomaly within the Health Care
Services.

My decision is that the formula used for establishing
holiday pay for health board workers should be applied
to the applicant during the current annual leave year."

The Rights Commissioner's decision was appealed by the worker to the Labour Court on the 18th of September, 1998 under Section 28(1) of the Organisation of Working Time Act, 1997.

The Court heard the appeal on the 24th of November, 1998. At the hearing the employer indicated that he was prepared to pay the worker his holiday entitlement in accordance with the Organisation of Working Time Act, 1997.





DETERMINATION:

At the hearing it was agreed by the employer that the claimant would be paid, as per the legislation. This was accepted by the Union.

The Rights Commissioner's decision should be amended accordingly.

The Court so determines.



Signed on behalf of the Labour Court



Finbarr Flood
4th December, 1998______________________
F.B,/D.T.Chairman



NOTE

Enquiries concerning this Determination should be addressed to Fran Brennan, Court Secretary.