Phil Hogan
Ceist:144 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment if the workers of a company (details supplied) will receive holiday payments; and if she will make a statement on the matter. [21070/02]
Written Answers. - Holiday Entitlements.
The company under reference is the subject of numerous rights commissioners' investigations, many in relation to the holiday entitlements of workers under the Organisation of Working Time Act, 1997. Following these investigations, the decisions of the commissioner are communicated to the parties.
Under the terms of the Organisation of Working Time Act, 1997, either party to a rights commissioner's investigation may appeal to the Labour Court a decision of a rights commissioner within six weeks of the date on which the decision was communicated to them. The Labour Court may affirm, vary or set aside the decision of a rights commissioner. If the Labour Court sets aside a decision of a rights commissioner that is in favour of the employee or employer, then either party may appeal to the High Court on a point of law and the determination of the High Court shall be final and conclusive. Otherwise the determination of the Labour Court is final and conclusive.
If the decision of a rights commissioner is not carried out by the employer concerned and the time for bringing an appeal against the decision has expired and no such appeal has been brought, the employee concerned may, not later than six weeks after the expiry of that time, bring the complaint before the Labour Court. The Labour Court shall, without hearing the employer concerned or any evidence, other than in relation to the matters aforesaid, make a determination to the like effect as the decision. If an employer fails to carry out in accordance with its terms a determination of the Labour Court within six weeks from the date on which the determination is communicated to the parties, the employee concerned, any trade union of which the employee is a member or the Minister may initiate legal proceedings through the Circuit Court seeking payment of the award made. The Circuit Court without hearing the employer or any evidence, other than in relation to the matters aforesaid, will make an order directing the employer to carry out the determination in accordance with its terms.