INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
P J BONER & CO. LIMITED
- AND -
(REPRESENTED BY UNION OF MOTOR TRADE TECHNICAL & INDUSTRIAL EMPLOYEES)
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Pay claim.
2. The worker was employed by the Company from March, 2003, as an Instrument Service and Calibration Technician. He was requested to attend at various industrial companies on behalf of the Company which had a contract to service and calibrate equipment for such firms.
The Union's claim is that the worker had worked 43 hours overtime in early 2006 for which he was not paid. The worker contends that the overtime was requested by the Calibration Manager of Wyeth Medica. Most of the overtime claimed was worked after midnight. The Company denies that it authorised the overtime and doubts that some of the overtime was even worked.
The worker referred his case to the Court on the 12th of June, 2006, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 31st of August, 2006. The worker was unavailable to attend the hearing but was represented by his Union officials.
3. 1. The overtime was requested by Wyeth Medica. It was reviewed and signed off by a senior member of management staff on a daily basis. The worker had previously been informed by the Company to do all work requested by the customers without fail. The Company was paid in full by Wyeth Medica for all the work carried out.
4. 1. The overtime claimed by the worker was from midnight to 4.00 a.m. which are totally unacceptable hours. This would mean payment at double time plus 25% shift allowance.The worker was given paid time off in lieu for the overtime claimed.
2. The overtime, if requested, would have been done by the Company's "spare site technician" on days during normal hours or by the worker before his shift at normal overtime rates.
3. On two of the occasions claimed the worker did not clock out and on one occasion he did not clock in or out. The customer declined to confirm the overtime claimed.
Having considered the submissions of the parties the Court cannot accept that the claimant has established an entitlement to the overtime claimed.
Accordingly, the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
18th September, 2006______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.