DWT2210

FULL RECOMMENDATION

SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997

PARTIES :

LARKIN UNEMPLOYED CENTRE LTD
(REPRESENTED BY PENINSULA BUSINESS SERVICES IRELAND LTD)

- AND -

DEBORAH EUSTACE
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS)

DIVISION :

SUBJECT:

1. Appeal of Adjudication Officer Decision No(s) ADJ-00004618 CA-00006333-001

BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 21 August 2019 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 26 October 2021. The following is the Determination of the Court:-

DETERMINATION :

This is an appeal by Ms. Eustace, ‘the Complainant’, of a decision by an Adjudication Officer that the Larkin Unemployed Centre, ‘the Respondent’, had not breached her entitlements under the Organisation of Working Time Act 1997, ‘the Act’.

The Complainant worked for the Respondent under a Community Employment, ‘CE’, scheme on rolling contracts from 2007.

In May 2015, the Complainant’s weekly pay was reduced from €542.84 per week to €501.08 per week.

The Complainant lodged a complaint under the Act with the Workplace Relations Commission, ‘WRC’ claiming that she was not paid correctly for public holidays and annual leave between 28 January 2016 and 27 July 2016. She also claimed that she was not notified of her start and finish times.

The Adjudication Officer, ‘AO’, held that the complaint was not well founded.

The Complainant appealed to this Court.

This appeal is one of a number under this Act and other legislation involving the two parties. A first hearing identified that it would be preferable for all cases involving these parties to be taken together. At a second hearing, a preliminary issue of law was raised. The parties agreed to make submissions on this point of law and agreed also that the cases could then be determined based on submissions received rather than requiring further hearings.

Deliberation.

The complaint regarding alleged under-payments under this Act is based on a complaint of a breach of the Complainant’s rights under the Payment of Wages Act 1991.

The Court has determined that there was not a valid claim for a breach of the Payment of Wages Act in the cognisable period..

Accordingly, there is no basis on which the Court could determine that there was any breach of the Complainant’s rights in respect of payments in the instant case under the 1997 Act and this complaint cannot be upheld.

No evidence was offered to the Court in respect of the claimed breach of the Act regarding start and finish times. Accordingly, that element of the complaint cannot be upheld.

Determination

The Decision of the Adjudication Officer is upheld

NOTE

Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.