FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TRAFFIC MANAGEMENT SERVICES TMS - CARRA CELTIC LTD (REPRESENTED BY PURDY LEGAL SOLICITORS) - AND - AKOS BEDO DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision R-067540-Wt-08/Jw
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioner's Decision R-067540-Wt-08/Jw. The case before the Rights Commissioner was dismissed for want of prosecution as the worker did not attend the hearing.
On the 26th December 2008, the worker appealed the Rights Commissioner's Decision in accordance with Section 28(1) of the Organisation of Working Time Act, 1997.
A Labour Court hearing took place on 25th February, 2009.
WORKER'S ARGUMENTS:
3 1 The worker was employed for a longer period than stated by the employer.
2 The worker also worked hours well in excess of the statutory maximum allowed under the Organisation of Working Time Act, 1997.
3 Working overtime was not optional. A refusal to work additional hours would result in dismissal.
4 No rest breaks were provided to the worker and the calculation of holiday pay was based only on basic working hours.
COMPANY'S ARGUMENTS:
4 1 In relation to rest breaks, the Organisation of Working Time Act (General Exemptions) Regulations applied in this case. As a result no breach occured. This is the only claim that is properly before the Court on appeal as it formed the substance of the original complaint to the Rights Commissioner.
2 The worker started employment in the Company in June 2007 and not April 07 as mentioned by the worker.
3 All hours worked by the worker were paid for at the appropriate rate of pay.
4 The Organisation of Working Time Act, 2007 is silent on the issue of overtime payments.
DETERMINATION:
The Court has considered the submissions, written and oral, made by the parties.
Given the admission made of two breaches of the Act, the Court determines that the Company pay compensation of €600 in respect of its failure to keep records in the prescribed form (Section 25 of the Act) and €600 in respect of the breach regarding excessive average working hours, making a total of €1200.
Signed on behalf of the Labour Court
Raymond McGee
23rd March 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.