International Fire Investigators & Consultants Ltd T/A Ific Forensics (Represented by Peninsula Ireland) v Maurice Dallaghan (Represented by Conal Devine and Associates Ltd)

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 26 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 2601
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.DWT181 ADJ-00005023 CA-00004967-002/004
• Date: 26 January 2018

Labour Court (Ireland)

FULL RECOMMENDATION

WTC/18/7

DETERMINATION NO.DWT181

ADJ-00005023 CA-00004967-002/004

PARTIES:

International Fire Investigators & Consultants Ltd T/A Ific Forensics (Represented by Peninsula Ireland)

and

Maurice Dallaghan (Represented by Conal Devine and Associates Limited)

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Marie

Worker Member: Ms Treacy

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

SUBJECT:

1 1. An appeal of an Adjudication Officer's Decision no: ADJ-00005023.

BACKGROUND:

2 2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 30 November 2017 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 19 January 2018. The following is the Decision of the Court.

DETERMINATION:

3 This is an appeal by International Fire Investigators & Consultants Limited t/a IFIC Forensics against the Decision of an Adjudication Officer ADJ-00005023, CA-00004967-002, CA-00004967-004, in a claim by Mr Maurice Dallaghan under the Organisation of Working Time Act 1997 (the Act). In this Determination, International Fire Investigators & Consultants Limited t/a IFIC Forensics is referred to as “the Respondent” and Mr Maurice Dallaghan is referred to as “the Complainant”.

4 The Complainant referred his complaint under the Act to the Workplace Relations Commission (WRC) on 27 ^th May 2016. In his complaint to the WRC, the Complainant alleged that the Respondent failed to pay him his appropriate cessor payin respect of his outstanding annual leave entitlement when his employment terminated in December 2015. The Adjudication Officer awarded the Complainant five days' pay in lieu of annual leave due to him.

5 He further complained that he was not paid for two public holidays in accordance with the provisions of the Act. The Adjudication Officer awarded the Complainant two days' pay.

Background

6 The Complainant commenced employment with the Respondent in April 2012 and tendered his resignation on 30 ^th September 2015 to expire on 31 ^st December 2015. He was employed as a Senior Investigator for the Respondent who is an independent fire specialist providing advice and expertise to clients. The Complainant's annual salary amounted to €78,000 per annum, giving him a daily rate of €300.00.

Position of the Parties

7 Mr Conal Devine, Conal Devine & Associates, on behalf of the Complainant submitted that on the...