| TE/24/64 |
DECISION NO. TED2432
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SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014
PARTIES:
(REPRESENTED JENNIFER GOODE BL, INSTRUCTED BY FIELDFISHER LLP)
AND
ROBERT PIRSZ
(REPRESENTED BY MONIKA SZAREJKO)
DIVISION:
| Chairman: | Mr Haugh |
| Employer Member: | Mr Marie |
| Worker Member: | Mr Bell |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00002285 (CA-00003039-018)
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-0003039-018, 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/24/63 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.
Discussion and Decision
It appears to the Court that the within complaint is a duplication of TE/24/63. For that reason, this appeal is dismissed.
The Court so decides.
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Signed on behalf of the Labour Court |
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Alan Haugh |
| ÁM | ______________________ |
| 29th November 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Áine Maunsell, Court Secretary.