Halal Quality Meats Ltd (Represented by Anne Marie Dermody, Solicitors) v Abdelkader Meflah

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 08 August 2018
• Judgment citation (vLex): [2018] 8 JIEC 0801
• Docket Number: FULL RECOMMENDATION DETERMINATION NO. DWT1823 ADJ-00006146 CA-00008451-001/002
• Date: 08 August 2018

Labour Court (Ireland)

FULL RECOMMENDATION

WTC/18/34

DETERMINATION NO. DWT1823

ADJ-00006146 CA-00008451-001/002

PARTIES:

Halal Quality Meats Ltd (Represented by Anne Marie Dermody, Solicitors)

and

Abdelkader Meflah

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Ms Doyle

Worker Member: Ms Tanham

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

SUBJECT:

1 1. An appeal of an Adjudication Officer's Decision no. ADJ-00006146.

BACKGROUND:

2 2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 27 September 2017 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 27 July 2018. The following is the Determination of the Court:-

DETERMINATION:

Background

3 This is an appeal by Halal Quality Meats LTD against an Adjudication Officer's decision ADJ-00006146 in a complaint by Abdelkader Meflah a former employee, pursuant to s.41 of the Workplace Relations Act 2015. The complaint relates to alleged contraventions of the Organisation of Working Time Act 1997 (the Act) in relation to the payment of holiday pay and the payment for Public Holidays. The Respondent stated that he was not present at the Adjudication hearing as he was not notified of the hearing. The Adjudication Officer awarded the Complainant €1509.75 for economic loss and a further €4,000 compensation.

4 In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Abdelkader Meflah is referred to as the Complainant and Halal Quality Meats is referred to as the Respondent.

Complainant's case

5 The Complainant was employed by the Respondent from January 2014 to September 2016. It is his contention that he was not granted annual leave or public holidays during that period nor was he compensated in lieu when he left. He confirmed to the Court that after he had lodged his claim with the WRC in November 2016, he received two payments from the Respondent in January 2017. One was in relation to Redundancy and the other he assumed was in relation to his outstanding holiday and bank holiday money. The Complainant advised the Court in his submission, that despite being in a financial crisis, he had to wait four months to get the money that was owed to him and that he felt he should be compensated for same.

Respondent's case

6 The Respondent did not appear at the first instance hearing as he was not...