DWT992

FULL RECOMMENDATION WTC/98/18 DETERMINATIONNO.DWT992 (250/98) SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : EBLANA TRADING SERVICES - AND - MS GILLIAN WALSH DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr Rorke

SUBJECT:
1. Appeal by the Company against Rights Commissioner's Decision No. 250/98.


BACKGROUND:

2. The appeal concerns a worker who was employed by the Company from April 1997 to July, 1998. It relates to a claim by the worker that she is entitled to arrears of holiday pay a under the terms of the Organisation of Working Time Act, 1997.

The Company rejected the claim. The dispute was referred to a Rights Commissioner for investigation in September, 1998. On the 14th of October, 1998, the Rights Commissioner issued his decision as follows:

"This claim is well founded and I order that the complainant be paid the sum of £200.00 holiday pay".

On 12th of November, 1998 the Company appealed the Rights Commissioner's decision to the Labour Court. The Court heard the appeal on the 1st of February, 1999. The Employer did not attend the hearing.




DETERMINATION:

The appellant failed to appear at the hearing. While he did contact the Court, he indicated that he would not be prepared to attend a hearing. No written submission was presented to the Court by the appellant and he did not send a representative.

Although the claimant was not present at the hearing, she was represented by her father.

The Court is satisfied that there is no basis for overturning the Rights Commissioner's findings and accordingly, the appeal fails.



Signed on behalf of the Labour Court



Caroline Jenkinson
11th February, 1999.______________________
TOD/BCDeputy Chairman



NOTE

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