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Co Offaly woman wins lowest holiday pay award of 4.48
Martin Frawley



THE country's first serial employment rights claimant has been awarded the lowest ever award of 4.48 in holiday pay entitlements after she was sacked by O'Brien's Sandwich chain two hours and forty minutes on her first day in the job.

Anna-Marie Flanagan, from Clara, Co Offaly has taken six unfair dismissal and holiday pay claims against four different employers between September 2004 and February 2005.

Flanagan, who is in her mid 20s, has more claims in the pipe line and is understood to be a well known figure to the officers of the Labour Court.

Flanagan, who represented herself on each occasion, was awarded a total of 1,480.48 in the six cases. The Labour Court awards range from a low of 4.48 for unpaid holiday pay entitlements when working for O'Briens Sandwich bar to 1,328 when she was found to have been unfairly sacked by Research Resources after six days.

In O'Briens, Flanagan started work on the morning of February 14, 2005 but was "let go" after two hours and forty minutes. O'Brien's argued at the Labour Court that Flanagan was told that she was attending a trial day "where she could assess the work environment and the company could assess her suitability". The sandwich bar found her to be "unsuitable", paid her for the few hours work and after giving her free lunch "as a gesture of goodwill", they let her go.

But, unimpressed by the free lunch, Flanagan brought a claim against the sandwich chain, arguing the company hadn't given her any holiday pay during her two hours and forty minutes of employment.

Flanagan sought two years pay . . . 30,130 . . . in compensation. But a Rights Commissioner calculated her holiday pay entitlements at 1.33 based on actual hours worked. Flanagan appealed this to the Labour Court which rose the sum to 4.48.

Flanagan brought a separate claim for unlawful dismissal against O'Brien's, again seeking 30,130 in compensation. This time a Rights Commissioner rejected her claim but on appeal to the Labour Court she was awarded 38 compensation.

On February 15, 2005, Flanagan started work for Research Resources. After she was let go six days later, she lodged claims for holiday pay and unfair dismissal.

Research Resources argued Flanagan had previously worked for the company when it had a different name. It said it dismissed Flanagan as it felt "the relationship history between the two parties would be problematic". It admitted it shouldn't have re-hired Flanagan. The Rights Commissioner agreed that the reason given for her dismissal was "grossly unfair" and awarded her 1,000 in compensation. Flanagan appealed to the Labour Court who gave her her biggest compensation payout by pushing the award up to 1,328.

In September 2004, Flanagan worked for Merloni Ltd.

She was hired on a three month trial. But she was "regularly cautioned her work was not up to standard", the company told the Labour Court. Less than three months later, the company "released" the worker, giving her six days holiday pay.

Flanagan took a claim against them, claiming she had not been paid for three public holidays at Christmas 2004. The Rights Commissioner rejected her complaints as unfounded and, on appeal, the Labour Court pointed out that her employment ended on December 8, 2004 and she could not be paid for public holidays when she wasn't working. Flanagan next worked for Rochelle Foods over a ten day period in January 2005 and she was let go as there was no work.

She sought holiday pay and the Rights Commissioner awarded 60. She appealed to the Labour Court which did not raise the award. Flanagan could not be contacted for comment last week.




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