FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KENNEDY SECURITY AND CONSULTANCY LIMITED - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Overtime payment and organisation issues
BACKGROUND:
2. The worker's case is that he was employed by the Company from July, 2006, to June 2007, a total of 11 months in two sites. He claims that he worked an average of 48 hours per week but was not paid overtime for hours worked beyond 39 hour per week. The worker estimated that he was owed €3,343.95 in overtime earnings.
The worker referred his case to the Labour Court on the 28th February, 2008, in accordance with Section 20(1) of the Industrial Relation Act, 1969. A Labour Court hearing took place on the 1st May, 2008. The worker agreed to be bound by the Court's recommendation. The Company did not attend the Court hearing or forward a written submission. The following is the Court's recommendation:
RECOMMENDATION:
The Company failed to attend the hearing of this case and did not submit any communication with the Court to set out its position on the claims before the Court. The Court regards the Company's decision not to participate as regrettable.
Having carefully considered the submission of the claimant, the Court is satisfied that the employer did not pay overtime in accordance with Part 11 Section 1 (ii) “Statutory Minimum Remuneration and Conditions of Employment” of the Security Industry JLC. Accordingly, the Court recommends that Kennedy Security and Consultancy Limited pay the sum of €3,343.95 to the worker in respect of this breach of its statutory obligations under the JLC.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th May, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.