EMPLOYMENT APPEALS TRIBUNAL
Blue Thunder Fastfoods Limited
against the recommendation of the Rights Commissioner in the case of:
ORGANISATION OF WORKING TIME ACT 1997
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms B. Glynn
Members: Mr. D. Morrison
Mr T. Gill
heard this appeal at Castlebar on 15th November 2016
Appellant: Mr David Scott, Hughes Scott & Co, Solicitors, Castlebar Road, Westport, Co Mayo
Respondent: Mr. Gary Mulchrone, Gilvarry & Associates, Solicitors, Unit 9, N5 Business Park, Moneen Road, Castlebar, Co Mayo
This case came before the Tribunal by way of the employer appealing the recommendation / decision of the Rights Commissioner under the Terms of Employment (Information) Act 1994 to 2012 reference: r-148700-te-14 and the Organisation of Working Time Act, 1997 reference: r-148701-wt-14.
The decision of the Tribunal was as follows:-
The respondent (employee) was employed as a waitress with the appellant company from the 1st of November 2011 to the 20th of June 2014. She claimed the appellant company was in breach of the Terms of Employment (Information) Act 1994 to 2012 for failing to furnish her with written terms and conditions of her employment.
The respondent also claimed the appellant company was in breach of the Organisation of Working Time Act, 1997 for failing to facilitate her with appropriate rest breaks, for requiring her to work in excess of 12 hours a day, for requiring her to work with less than a 7 hour break between shifts particularly at weekends and busy holiday periods, for failing to pay overtime for working on Sundays or Bank Holidays and for failing to facilitate her with her statutory entitlements with respect to holidays and public holidays.
A Rights Commissioner found in the respondent employee’s favour and awarded her the sum of €1,200 (one thousand two hundred euro) under the Terms of Employment (Information) Act 1994 to 2012. In relation to her claims under the Organisation of Working Time Act, 1997 the Rights Commissioner also found in her favour awarding her the following awards under the following Sections of the Act:
Section 11 – Daily Rest Period - €1,000 (one thousand euro)
Section 12 – Rest and Intervals at Work - €2,000 (two thousand euro)
Section 14 – Sunday Work - €750 (seven hundred and fifty euro)
Section 15 – Weekly Working Hours - €2,000 (two thousand euro)
Section 19 - €750 (seven hundred and fifty euro)
Section 21 - €500 (five hundred euro)
The appellant company appealed this recommendation / decision to the Employment Appeals Tribunal on the 4th of August 2015.
At the outset the Tribunal was advised the appeal under the Organisation of Working Time Act, 1997 was dealt with in the Labour Court and therefore them for determination.
In respect of the appeal under the Terms of Employment (Information) Act, 1994 to 2012 the respondent (employee) and a Director of the Appellant company gave conflicting sworn evidence regarding the respondent employee receiving a contract of employment.
Having heard this conflicting evidence the Tribunal are of the opinion that the evidence of the respondent employer id the more credible and uphold the Rights Commissioner’s recommendation awarding the respondent employee the sum of €1,200 (one thousand and two hundred euro) under the Terms of Employment (Information) Act, 1994 to 2012.
In respect of an application by the respondent’s representative for costs under S.I. 24/1968, the Tribunal dismissed the application.
Sealed with the Seal of the
Employment Appeals Tribunal