Bus Éireann v A Worker (Represented by Services Industrial Professional Technical Union)

• Jurisdiction: Ireland
• Judgment Date: 28 February 2020
• Judgment citation (vLex): [2020] 2 JIEC 2807
• Docket Number: FULL RECOMMENDATION DECISION NO.LCR22191 ADJ-00019324 CA-00025214-001
• Date: 28 February 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Bus Éireann

and

A Worker (Represented by Services Industrial Professional Technical Union)

FULL RECOMMENDATION

CD/20/11

DECISION NO.LCR22191

ADJ-00019324 CA-00025214-001

Labour Court

DIVISION:

Chairman: Mr Geraghty

Employer Member: Mr Murphy

Worker Member: Mr Hall

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer Decision Nos. ADJ-00019324 CA-00025214-001.

BACKGROUND:

2 2. The Worker appealed the Adjudication Officer's Recommendation to the Labour Court on 6 January 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 12 December 2019 the Adjudication Officer issued the following Recommendation:-

‘I recommend that the employee accept that the increase in his paid hours in 2017, reflected in an increase in earnings in the school year 2017/2018 reflect his actual hours of work, including duties at the base and that there is no payment outstanding for his hours of work.’

3 A Labour Court hearing took place on 25 February 2020.

DECISION:

4 In the absence of any proof that the Worker is required to work more than the 34 hours 05 minutes for which he is paid weekly, the Court can find no basis to recommend that any additional payment is warranted.

Signed on behalf of the Labour Court

Tom Geraghty

H.M.______________________

28 February 2020 Chairman