The Labour Court left a €949.42 economic-loss award intact and increased compensation from €300 to €500 after Marek Marciniuk appealed a Rights Commissioner decision involving Wicklow Recreational Services Ltd T/A Shoreline Leisure Centre. It also rejected his separate appeal over a penalisation complaint. The determination was signed on 29 December 2014.
The Rights Commissioner had found complaints under sections 14, 18, 19 and 21 of the Organisation of Working Time Act well founded, and the section 26 complaint not well founded. The Labour Court left the section 14 compensation unchanged and increased compensation for sections 18 and 21. It said the employer should have addressed a public-holiday entitlement sooner, after delaying payment of €225.62.
Mr Marciniuk said his Saturday shifts and swimming classes were reduced after he made working-time complaints. The employer said work was fairly rostered and the assistant manager did not know about the complaints. The Court rejected the penalisation appeal because Mr Marciniuk did not provide pay slips or details of his hours and classes before and after his complaint, although he had that information.