PTD211

FULL RECOMMENDATION

SECTION 17 (1), PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001

PARTIES :

FLANNERYS BAR LTD, FLANNERYS BAR GLASHEEN LTD.
REPRESENTED BY BDM BOYLAN SOLICITORS,

- AND -

MR FREDERICK KIDNEY

DIVISION :

SUBJECT:

1.Appeal Of Adjudication Officer Decision No(S) ADJ-00021483 CA-0027723-013.

BACKGROUND:

2.The complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 25 November 2019. A Labour Court hearing took place on the 2 November 2021. The following is the Court's Determination:

DETERMINATION:

This is an appeal by Frederick Kidney (the Complainant) against the Adjudication Officer’s Decision ADJ-00021483 on the grounds that his then employer Flannery’s Bar Ltd (the Respondent) discriminated against him. The complaint was made pursuant to the Protection of Employees (Part-Time) Work Act 2001 (the Act). The Adjudication Officer found that the complaint was not well-founded.

Background

The Complainant was employed with the Respondent as a Part-time Chef at the Respondent’s business from 9th May 2018 to the 14^thMarch 2019. The Complainant lodged his complaint of discrimination along with a number of other claims with the WRC on the 12^thApril 2019. The cognisable period for the purpose of this Act, is 13th October 2018 to the 12^thApril 2019.

Complainant’s case

It is the Complainant’s case that he was discriminated against by the Respondent. It is the Complainant’s case that his comparators are other full- time chefs. The Complainant submitted that he was asked to do extra hours on two occasions, over a two- week period in early 2019. The Complainant was not aware of whether or not his comparators were at any time asked to work additional hours

Respondent’s case

It is the Respondent’s position that the Complainant was not discriminated against. It is their submission that from time-to-time situations can arise through staff leaving or staff being absent due to illness where members of staff can be requested to work additional hours. This applies to all staff regardless of whether they are full-time or part-time. It is not disputed that as submitted by the Complainant he was asked on two occasions to work additional hours. This cannot constitute discrimination based on his part-time status.

Determination.

The Court determines that the Complainant has failed to identify a breach of the Act within the cognisable period and therefore his complaint must fail.

The Court so determines. The decision of the Adjudication officer is upheld.

NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.