DWT9813

FULL RECOMMENDATION WTC/98/17 DETERMINATIONNO.DWT9813 (WT213/98) SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : O'CONNOR MOHAN & COMPANY SOLICITORS - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Appeal against Rights Commissioners decision No. WT213/98.





BACKGROUND:

2. The appeal concerns a worker who was employed by the Company from April, 1997 to April, 1998. It relates to a claim by the worker that she is entitled to a further 3 days holiday payments under the terms of the Organisation of Working Time Act, 1997. The Company rejected the claim on the basis that the worker had received her full entitlements. The dispute was referred to a Rights Commissioner for investigation on the 23rd of September, 1998 (the Employer did not attend the Rights Commissioner's hearing). On the 15th October, 1998, the Rights Commissioner issued her decision as follows:

"On the basis of the uncontested evidence of the claimant I recommend that the claimant should receive compensation by way of payment of £100 nett pay in full and final settlement of her claim under the Working Time Act, 1997."

On the 23rd of October, 1998, the Company appealed the Rights Commissioner's decision to the Labour Court. The Court heard the appeal on the 7th of December, 1998.





DETERMINATION:

The Court considered the appeal and recommends that the Rights Commissioner's recommendation should be overturned, as on the claimant's own admission she had taken 15 days annual leave and also received Christmas Eve as a day of annual leave. This gave her sixteen days annual leave which is in accordance with her entitlement under the Organisation of Working Time Act, 1997, for the leave year April, 1997 to April, 1998. Therefore, there is no legal entitlement to any compensation for outstanding annual leave.

However, at the hearing management clearly indicated that the claimant's conditions of employment entitled her to fifteen days annual leave and to five extra days at Christmas, as well as Christmas Eve. The Court believes that the total entitlement received by the claimant for the year was 16 days. As this case was brought under the Organisation of Working Time Act, 1997, the Court has no jurisdiction to recommend beyond the terms of Act's provisions.

The Court notes that this claimant never received a written contract of employment and also notes the inept method of recording annual leave in the company. These are issues that the company should address for the future.



Signed on behalf of the Labour Court



Caroline Jenkinson
16th December, 1998.______________________
TOD/BCDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.