LCR22646

1. Appeal Of Adjudication Officer Decision No. ADJ-00028571, CA-00037001-004

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 23 August 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 13 July 2021 the Adjudication Officer issued the following Recommendation:-

“Having considered the merits of the dispute, I am making no recommendation.”

A Labour Court hearing took place on 2 September 2022.

Summary of Worker Arguments.

If the Employer had engaged properly and taken a common sense view of Directive EU/15/2002, agreement could have been reached on how a 24 hour period is calculated and the Worker would not have suffered loss.

Summary of Employer Arguments.

The Employer engaged extensively and shared its legal opinion regarding the Directive.

Agreement has now been reached on a new roster.

DECISION :

This case arises from differing views regarding rosters. This is a more general matter that affects not just the individual Worker who has taken this claim.

The Court notes the assurances from both parties that the issues between them have been resolved for the future through a collective agreement.

The specific issues affecting the Worker in this case are the subject of a number of employment law Determinations by this Court.

Having regard to both of these factors, the Court sees no value in making a Recommendation regarding the disputed matters.

	Signed on behalf of the Labour Court
	Tom Geraghty
OC	______________________
12 September 2022	Deputy Chairman