SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
CENTRAL STATISTICS OFFICE (C.S.O.)
- AND -
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Decision WT 2323/00/MR.
2. The worker was employed in a temporary capacity as an interviewer for the period 31st May, 1999 to the 11th of August, 2000.
The worker claims that the C.S.O. was in breach of Section 14 of the Organisation of Working Time Act, 1997 in that he was not paid a Sunday premium for working on Sundays.
The C.S.O. rejected the claim and stated that it was made clear to the claimant during training that he was not required to work on Sundays.
The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner issued his Decision on the 8th of February, 2001, as follows:-
" In accordance with Section 27 (3) (c) of the Act, I hereby require the Central Statistics Office to pay the claimant the sum of £150 (190.46 Euro) in compensation".
On the 5th of March, 2001, the Labour Court received a notice of appeal of the Rights Commissioner's Decision from the claimant under Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 14th of November, 2001.
The claimant contends that the nature of the job in which he was employed required him to work on Sundays. His claim is for the payment of compensation in respect of that requirement pursuant to Section 14 of the Organisation of Working Time Act, 1997. It is common case that no such requirement to work Sunday was stipulated by the employer.
In the Court's view Section 14 is intended to apply in a situation where an employee is required by his/her employer to work on Sunday. In the present case any work undertaken by the claimant on Sunday was outside the requirements of his contract of employment and cannot ground a claim under the Act.
The Court notes that the Rights Commissioner Recommended that the claimant be paid an ex-gratia payment of £150 (190.46 Euro). It is not the Court's intention to interfere with this Recommendation.
Signed on behalf of the Labour Court
13th December, 2001______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.