SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
SECURITY DIRECT LTD
- AND -
Chairman: Mr Flood
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Appeal of Rights Commissioners Decision WT 15678/03/TB.
2. The Company commenced operations in February, 2003, following the liquidation of a previous Security Company. The worker concerned, who was an employee of the liquidated Company, failed to receive the Security Industry Joint Labour Committee (JLC) rates of pay for the period February -October, 2003.
The issue before the Court is a claim for the JLC rates of pay to be paid for the period February, 2003 to October, 2003.
The claim was referred to a Rights Commissioner for investigation. His decision issued on the 28th of January, 2004. He found that the complaint made by the claimant was not well founded and that it was not proper to the Organisation of Working Time Act.
The worker appealed the Rights Commissioner's decision to the Labour Court on the 20th of February, 2004, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 6th of May, 2004.
3. 1. The Company failed to pay the rates of pay as set down in the Employment Regulation Order (ERO) for the Security Industry Joint Labour Committee (JLC).
2. The Company paid a composite rate which did not cover all allowances and shift premiums.
- 3. The Company did not honour an agreement made with the worker to pay the JLC rates of pay.
4. 1. The Company was paying an hourly rate which was above that set down in the JLC.
2. The Company was paying an hourly rate that it had agreed with the worker.
A degree of confusion surrounds this claim, it having been dealt with by the Rights Commissioner under the Organisation of Working Time Act, 1997 and the claimant stating that both sides had agreed to have the complaint heard under the Payment of Wages Act, 1991.
This claim was for a period following the liquidation of one Company and the commencement of the new organisation. The parties agree that they had an agreement on a rate of pay for all other times.
The claim presented to the Court differed to that addresses to the Rights Commissioners hearing and was in relation to the Company not paying the rates applicable under the Employment Regulation Order (ERO) for the Security Industry Joint Labour Committee (JLC) for the period of February, 2003 to mid October, 2003.
Having considered all aspects of this case the Court is of the view that the case is not appropriately before it.
Signed on behalf of the Labour Court
31st May, 2004
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.