FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : A.T.R. TRUCK RENTAL LTD - AND - MR THOMAS JUSTIN (REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision R-121662-WT-12/SR.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal of Rights Commissioner's Decision R-121662-WT-12/SR. On the 2nd November, 2012 the Rights Commissioner issued his decision as follows:
"I have upheld the complaints under Section 12 of the Act in relation to rests and intervals at work, under Sections 19, 21 and 21 of the Act in relation to annual leave and public holidays and the complaint under Section 12(f) of S.I. No. 36 of 2012 in relation to the provision of records in relation to working hours and patterns- and I require the Respondent to pay the Claimant in the sum of €2,000.00c for these breaches".
The Worker appealed the Decision of the Rights Commissioner to the Labour Court on the 26th November 2012, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Mr Justin Thomas (the Claimant) against the decision of a Rights Commissioner in his claim against ATR Truck Rentals Limited (the Respondent) under the Organisation of Working Time Act 1997 (the Act).
The Rights Commissioner found that the Respondent had contravened section 12 (rest and intervals at work) and sections 19, 21 and 23 (annual leave and public holidays) in relation to the Claimant.
The Rights Commissioner found that the Respondent had not contravened sections 15 and 17 of the Act in relation to the Claimant.
Having heard the evidence before it and having reviewed the extensive documentation presented in the course of the appeal the Court has concluded that the findings of the Rights Commissioner are correct.
The Court notes that the Rights Commissioner also made findings in relation to a claim that the Respondent had contravened Regulation 12 (f) of European Communities (Road Transport) (Organisation of Working Time of Persons Performing Road Transport Activities) Regulations 2012 (the Regulations). That finding was made in a claim under the Act. It appears that there was no claim before the Rights Commissioner under the Regulations.
The Court does not believe that it is legally permissible to deal with an alleged contravention of the Regulation in a case referred under the Act. Accordingly that aspect of the Rights Commissioner’s decision cannot stand.
Redress
The Rights Commissioner made a composite award in the Claimant’s favour in the amount of €2,000. Notwithstanding its findings in relation to the appropriateness of taking a contravention of the Regulations into account the Court believes that the award made by the Rights Commissioner should stand and it is affirmed. For the avoidance of doubt, the award is in respect of the contraventions of the Act which the Court found to have occurred.
Determination
The decision of the Rights Commissioner is affirmed subject to the modification contained herein.
Signed on behalf of the Labour Court
Kevin Duffy
4th June 2014______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.