FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FEEHILYS EXECUTIVE TRANSPORT LIMITED - AND - SARA MULRENNAN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. Appeal of an Adjudication Officer's Recommendation No(s). r-158257-wt-15/SR.
BACKGROUND:
2. An Adjudication Officer hearing took place on 14th October, 2015 and a Decision was issued on 27th January, 2016. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 4th March, 2016, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 5th July, 2016.
DETERMINATION:
This is an appeal by Ms Sara Mulrennan against the Adjudication Officer’s Decision r-158257-wt-15/SR in claims against her employer Feehilys Executive Transport Limited under the Organisation of Working Time Act 1997 (“the Act”).
The parties are referred to in this Determination as they were at first instance. Hence, Ms Sara Mulrennan is referred to as “the Complainant” and Feehilys Executive Transport Limited is referred to as “the Respondent”.
The Complainant alleged that the Respondent had breached Section 17 of the Act in not giving her 24 hours’ notice of her working hours. The Adjudication Officer did not uphold the Complainant’s claim.
The Complainant has been employed by the Respondent since June 2007 as a taxi driver. Since 2013 her hours have been reduced and she works one, two or three days per week. The Complainant complained that she was not made aware of her weekly roster as she does not normally work on a Friday when the roster is placed on the noticeboard.
The Respondent disputes that he was in breach of the Act. He told the Court that the weekly roster is placed on the noticeboard each Friday which is placed in a conspicuous place for all drivers to see. He told the Court that in order to accommodate the Complainant he was willing to ensure that she received a text message at least 24 hours before her working week of her rostered hours for that week.
Findings of the Court
Section 17 provides that where an employee does not have contractual starting and finishing times the employer is required to provide written confirmation of the starting and finishing times that the employee is required to work 24 hours in advance. The Act at Section 17(5) provides that it shallbe a sufficient notification to an employee of the matters referred to in subsection (1) or (2) for the employer concerned to post a notice of the matters in a conspicuous position in the place of the employee's employment.
Determination
The Court is satisfied that the Respondent was not in breach of the Act and notes the commitment given by him to ensure the Complainant is given 24 hours notification by text message of her weekly hours.
The Court upholds the Adjudication Officer’s Decision and accordingly rejects the Complainant’s appeal.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th July, 2016______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.