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2002

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DWT0241

FULL RECOMMENDATION

WTC/02/29
DETERMINATIONNO.DWT0241
(WT8154/JH)

SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997



PARTIES :
DUBLIN BUS

- AND -

THOMAS J. A. KELLY


DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Appeal against Rights Commissioner's Decision WT8154/01/JH.


BACKGROUND:

2. The worker has been employed by the Company since May, 1970. His case is that the did not receive annual leave for the year 1970, and he believes that he is still owed 12 days' annual leave. At the hearing, it was agreed that the leave year is now 1st of January to the 31st of December. The worker referred his case to a Rights Commissioner and her decision was as follows;

On the basis of the statement provided by the Company I find that the Company is not in breach of the Organisation of Working Time Act, 1997, in respect of the annual leave entitlements of Mr. Tom Kelly since the inception of that legislation. I therefore find that Mr. Kelly does not have a valid complaint arising from the application of WT520/99.


The worker appealed the decision to the Labour Court on the 3rd of May, 2002, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 2nd of August, 2002.


WORKER'S ARGUMENTS:

3. 1. The worker did not receive any leave entitlements for the period May to December, 1970, and is owed 12 days' leave. For leave year 2001, of the 23 days he received, 12 of those dated back to 1970. In effect, he only received 11 days' annual leave for year 2001.


COMPANY'S ARGUMENTS:

4. 1. The worker has received all leave due to him under the Organisation of Working Time Act (the Act). Over the past 5 years he has taken leave as follows: 1997-22 days, 1998-22 days, 1999-22 days, 2000-24 days and 2001 - 23 days. The extra day in 2000 was in lieu of 1999. His current leave entitlement is 23 days per year.



DETERMINATION:

It is clear to the Court that the claimant received the amount of annual leave to which he was entitled under the Act in each of the years to which the Rights Commissioner's investigation related. Accordingly, the Court affirms the decision of the Rights Commissioner and the appeal is disallowed.



Signed on behalf of the Labour Court



Kevin Duffy
14th August, 2002______________________
CON/MB.Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.




 
 
 
 
 
 
 
 
 

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