TED2430

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00002285 (CA-00003039-013)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 5 October 2018 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014.  A Labour Court hearing took place on the 6 November 2024. 

The following is the Decision of the Court.

DECISION:

Background to the Appeal

This is an appeal by Mr Robert Pirsch (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-0002285/CA-0003039-013, dated 4 September 2018) under the Terms of Employment (Information) Act 1994 (‘the Act’). Notice of Appeal was received in the Court on 5 October 2018. The Court heard the within appeal, along with seven related appeals on several dates over the course of 2024 with the final hearing date occurring on 6 November 2024. The related appeals bear the following reference numbers: PW/18/60; WTC/24/61; WTC/24/62; TE/18/54; TE/24/63; TE/24/64 and TE/24/65.

The Complainant gave sworn evidence to the Court as did two witnesses called on behalf of Ryanair Designated Activity Company (‘the Respondent’). Only the evidence relevant to the within appeal is recited in this decision.

The Factual Background

The Complainant was employed by the Respondent as a Ground Handling Agent with effect from 8 November 2008 and was based at Dublin Airport. He signed a contract of employment on 6 November 2008 and that contract was countersigned on behalf of the Respondent on 12 November 2008. The Complainant’s salary was €2,945.51 gross per month. The Complainant commenced a period of long-term sick leave in mid-August 2015.

Paragraph 7 of the contract of employment issued to the Complainant in November 2008 provides:

“Due to the nature of our business, working irregular hours is a condition of your employment. You must be prepared to work rostered day/ and night shift duties and additional hours when so requested by the Company.

You must be prepared to work shift duties and additional hours when required without additional remuneration, in order to meet the requirements of the business and to ensure the proper performance of your duties (including rostered shift work). Your salary has been calculated to take account of this and includes a premium for Sunday work.”

The Complaint

The Complainant alleges that the Respondent has failed to specify his hours of work as required by section 3(i) of the Act.

Respondent’s Submission

Counsel for the Respondent exhibited a number of monthly rosters such as were routinely provided to the Complainant and his colleagues in their break room in advance of the period to which they related and which, Counsel submits, clearly identify the Complainant’s days of work and shifts for that period. It is accepted by the Respondent that the Complainant’s hours of work are not specified in his written contract of employment but submits that the Complainant was advised in paragraph 7 of that contract that, because of the nature of the business, he would be required to work irregular hours and that he would be advised in advance of which hours he would be working in each period by means of a written roster.

The Law

Section 3(i) of the Act requires an employer to detail “any terms or conditions relating to hours of work (including overtime)’ in the written statement of terms to be furnished to an employee at the commencement of their employment.

Discussion and Decision

The Court finds that the within complaint is not well-founded. Paragraph 7 of the Complainant’s contract of employment clearly advises that his hours of work would be irregular and that he would be required to work additional hours from time to time without additional remuneration. Paragraph 7 satisfies the requirements of section 3(i) of the Act. The appeal, accordingly, fails.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
ÁM	______________________
29th November 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Áine Maunsell, Court Secretary.