FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 17(1), PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001 PARTIES : DUBLIN BUS - AND - DEREK MICHAEL ROTHWELL DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner’s Decision No: r-090079-pt-10/JC
BACKGROUND:
2. This case concerns an appeal ofRights Commissioner’s Decision No: r-090079-pt-10/JC. It is an appeal by Derek Michael Rothwell (the Complainant), against a Decision of the Rights Commissioner, in which he found against the Complainant and in favour of the Respondent Company, Dublin Bus.
The Respondent has employed the Complainant as a full time bus driver since February 1990. The Complainant sought to change his roster to accommodate his personal circumstances at the time. The Respondent accommodated this request. After a short time the Complainant returned to normal duties. Later he again sought such an accommodation from the Company. Again the Company accommodated him. Finally he sought a further accommodation. On this occasion the Company requested that he convert from full-time to part-time employment. He was presented with a contract of employment for part-time work. He refused to sign the contract and returned to normal rosters.The Complainant alleged that he had been treated less favourably than a comparable full time worker in relation to premium pay for working on Sundays.
The Respondent submitted that the Complainant was and always had been a full-time worker and did not have locus standi under the Act.
The Complainant referred a complaint under the terms of the Act to the Rights Commissioner. The Rights Commissioner conducted a hearing into the complaint and found for the Respondent.
The Complainant appealed this decision to the Labour Court on 18th January 2011 in accordance with Section 17(1)of the Protection of Emplyees (Patr-Time Work) Act, 2001. A Labour Court hearing took place on 25th May, 2011. The following is the Court's Determination:
DETERMINATION:
The Court is satisfied that the Complainant was at all material times a full-time employee of the Respondent Company and consequently did not have locus standi under the Act.
The Court, having considered all the submissions and the evidence presented to it is satisfied that the complainant was at all material times a full-time worker and did not have locus standi to take proceedings pursuant to the Protection of Employees (Part-Time Work) Act 2001.
The appeal is dismissed and the Decision of the Rights Commissioner is upheld.
Signed on behalf of the Labour Court
Brendan Hayes
15th July 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.