Case Number: DWT1617. Labour Court

• Judgment Date: 01 February 2016
• Year: 2016
• Docket Number: DWT1617
• Court: Labour Court (Ireland)

FULL RECOMMENDATION WTC/16/14 DETERMINATIONNO.DWT1617 R-155623-WT-15/JW INDUSTRIAL RELATIONS ACTS, 1946 TO 1990; SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 ; PARTIES : ANNACLONE CONSTRUCTION LIMITED T/A M.&T. BUILDERS; - AND -; KENNETH TRAVERS; DIVISION : Chairman: Mr Haugh; Employer Member: Ms Doyle; Worker Member: Ms O'Donnell

SUBJECT:
1. Appeal of a Rights Commissioner's Recommendation No. r-155623-WT-15/JW


BACKGROUND:

2. The Court considered three conjoined appeals from decisions of the Rights Commissioner in the within proceedings. For ease of reference the parties are referred to in this determination as they were at first instance i.e. the Complainant and the Respondent. The Respondent, although notified of the hearing date of this appeal, failed to attend before the Court.

• The Complainant was employed by the Respondent construction company as a bricklayer from 14 April 2014 to 13 February 2015 and was paid €13.75 per hour. He was placed on temporary lay-off between December 2014 and February 2015. The Complainant was not furnished with payslips during the currency of his employment but subsequently obtained copy payslips with the assistance of NERA. He submitted those copy payslips to the Court in support of his appeal.

  The Complainant referred three complaints to a Rights Commissioner. The Rights Commissioner convened a hearing on 22 September 2015 which was attended by both the Complainant and Mr Tony Higgins on behalf of the Respondent. The Rights Commissioner issued his decisions on 14 December 2015. The Rights Commissioner upheld each of the three complaints. The Complainant has appealed to this Court in respect of the quantum of the Rights Commissioner’s award in each case. The Complainant’s principal concern is that the Rights Commissioner erred with regard to the duration of his employment with the Respondent.
  The Appellant referred his appeal to the Court on 22 January, 2016. A Labour Court hearing took place on 24th February, 2016. The following is the Determination of the Court:
  
  
  
  
  

DETERMINATION:

Organisation of Working Time Act 1997 (‘the 1997 Act’)

The Claimant referred two complaints to the Rights Commissioner under the 1997 Act: one related to underpayment for public holidays; the second related to underpayment for annual leave accrued during his employment.

The Rights Commissioner made an award to the Complainant in respect of two public holidays that fell during the course of his employment. On...