LCR22430

1.Appeal of Adjudication Officer Decision No(S)ADJ-00025768 CA-00032773-001

BACKGROUND:

2.The Claimant appealed an Adjudication Officer's Decision NoADJ-00025768 CA-00032773-001to the Labour Court in accordance with Section 45(a) of the Industrial Relations Act, 1946. A Labour Court hearing took place on 7 July 2021.

WORKER'S ARGUMENTS:

1. The Worker contends that the contract he was issued by the Company on 16th April 2010 stated that overtime would be paid for hours worked beyond 39 hours per week. Currently the worker is only paid overtime for hours worked over 48 hours per week.

2. The Worker contends that he never received a new contract following the JLC in April 2010.

3. The Worker requests that the terms of his contract dated 16th April 2010 are honoured by the Company and that remuneration is backdated accordingly.


COMPANY'S ARGUMENTS:

1. The contract issued to the Worker on 16th April 2010 was not updated subsequent to the Agricultural JLC in 2010. This was an administration error.

2. The Sectoral (Agricultural) ERO 2010 outlines that the overtime rate for horticultural farm workers is only paid for hours worked above 48. The Worker has been paid overtime when he has worked beyond 48 hours per week.

3. The Company have offered a new contract to the Worker and a one-off compensatory goodwill payment, in order to bring the workers contract in line with his colleagues.

This case is an appeal, as per s.45(b) of the Industrial Relations Act 1946, of a Decision by an Adjudication Officer under s.45(a) of the Act. The relevant provisions are as follows:

Decision of adjudication officer undersection 4 of the Workplace Relations Act 2015 45A.

A decision of an adjudication officer undersection 41of the Workplace Relations Act 2015 in relation to a complaint of a contravention of an employment regulation order in relation to a worker shall do one or more of the following, namely —

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the employment regulation order, or

(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years ’ remuneration in respect of the worker ’ s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977

Decision of Labour Court on appeal from decision referred to in section 45A

45B. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 45A, shall affirm, vary or set aside the decision of the adjudication officer.

It is clear that these provisions are intended to provide a means of redress to workers who believe that their employer may be in breach of the terms of an Employment Regulation Order. They do not provide the Court with jurisdiction to compel an employer to make arrangements, or adhere to agreed arrangements, that are more favourable than those provided for in an Employment Regulation Order. As a result, the Court cannot compel the Employer to do what is sought by the Worker.

The Court notes that the Employer reiterated its apology to the Worker for an error in his contract and undertook to discuss with him a possible amount of compensation, if he is interested in taking up this offer.

	Signed on behalf of the Labour Court
	Tom Geraghty
EMcN	______________________
19 July 2021	Deputy Chairman