FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : G4 SECURITY SERVICES IRELAND - AND - NOEL VINCENT O' BRIEN DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision r-063011-WT-08/RG.
BACKGROUND:
2. The employee appealed the Rights Commissioner’s decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 29th September, 2008.
The Court heard the appeal on the 11th December, 2008, the earliest date suitable to the parties.
DETERMINATION:
The Court has considered the submissions made to it by the parties.
In the view of the Court, the matter (Christmas Bonus Payment) raised by the Complainant does not come within the ambit of the Organisation of Working Time Act, 1997.
Accordingly, the Court has no jurisdiction to hear the complaint.
In the further view of the Court, the other matter (Unsocial Hours Premium) raised by the Complainant is not well-founded by virtue of the Complainant already being paid in excess of the JLC rates applicable to the employment.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
19th December, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.