TED2431

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00002285 (CA-00003039-016)

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-0003039-016, 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/24/62; 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.

The Complaint

The Complainant alleges that the Respondent failed to comply with SI No. 49/1998 – Terms of Employment (Additional Information) Order, 1998 because his contract of employment does not specify the times of his rest periods and breaks under sections 11, 12 and 13 of the Organisation of Working Time Act 1997.

The Respondent’s Submission

The Respondent acknowledges that the Complainant’s contract is silent in relation to rest periods and breaks but submits that by providing the Complainant with advanced written rosters that contain that information it has thereby complied with its obligations under SI No. 49 of 1998. It submits, in the alternative, that it is exempted from the requirements of sections 11, 12 and 13 of the Organisation of Working Time Act 1997 and is not, therefore, required to provide information in relation to rest periods and breaks in any written statement issued under the Act of 1994.

SI No. 49 of 1998

Article 3(1) of SI No. 49 of 1998 provides:

“In relation to an employee who has entered into a contract of employment after the commencement of this Order, the employee's employer shall, within two months after the employee's commencement of employment with the employer, give or cause to be given to the employee a statement in writing containing particulars of the times and duration of rest periods and breaks referred to in sections 11, 12 and 13 of the Act that are being allowed to the employee and of any other terms and conditions relating to those periods and breaks.”

Discussion and Decision

The Court is of the view that it is neither appropriate nor necessary for it to determine, in an appeal brought under the Act of 1994, whether or not the Respondent is exempt from sections 11, 12 and 13 of the Organisation of Working Time Act. In any event, the plain meaning of Article 3(1) of SI No. 49 of 1998 is that an employer who is required to issue to an employee a statement of terms under the Act of 1994 must include in that statement “particulars of the times and duration of rest periods and breaks referred to in sections 11, 12 and 13 of the Act that are being allowed to the employee and of any other terms and conditions relating to those periods and breaks.”

The Respondent acknowledges that the written contract issued to the Complainant in 2008 contains no such particulars. Neither does it state that the Respondent believes itself to be exempt from the requirements of sections 11, 12 and 13 of the Organisation of Working Time Act. Furthermore, having examined the rosters provided to the Complainant, it appears to the Court that they also do not include “a statement in writing containing particulars of the times and duration of rest periods and breaks referred to in sections 11, 12 and 13 of the Act [of 1997]”.

If follows, therefore, that the Respondent is in breach of its obligations under SI No. 49 of 1998. The Complainant’s appeal succeeds and the Court awards him compensation of €800.00.

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.