Mor Oil Ltd (Represented by Alastair Purdy & Company, Solicitors) v Monirul Islam (Represented by Cliona Boland, B.L., Instructed by Greg Nolan, Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 09 April 2018
• Judgment citation (vLex): [2018] 4 JIEC 0901
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.DWT186 r-157083-wt-15
• Date: 09 April 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

WTC/17/8

DETERMINATION NO.DWT186

r-157083-wt-15

PARTIES:

Mor Oil Ltd (Represented by Alastair Purdy & Co., Solicitors)

and

Monirul Islam (Represented by Cliona Boland, B.L., Instructed by Greg Nolan, Solicitors)

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Murphy

Worker Member: Mr McCarthy

SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. r-157083-wt-15.

BACKGROUND:

2 2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 13th January 2017, in accordance with Section 28 (1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 27 March 2018. The following is the Determination of the Court:-

DETERMINATION:

3 Mr Monirul Islam brought a complaint before a Rights Commissioner/Adjudication Officer pursuant to the Organisation of Working Time Act 1997 (the Act) alleging a breach by his employer Mr Oil Limited of Sections 11, 21 and 26 of the Act. The Adjudication Officer found in his favour in respect of a breach of Section 11 of the Act and awarded him the sum of €500.00 in compensation for that breach and he also held in his favour in respect of a breach of Section 21 of the Act and awarded the sum of €500.00 in respect of that breach. The Rights Commissioner/Adjudication Officer found that his complaint under Section 26 of the Act was not well-founded. Mr Oil Limited appealed the decisions which held in favour of the Complainant.

4 For ease of reference the parties are referred to as they were at first instance. Hence Mr Islam is referred to as “the Complainant” and Mr Oil Limited is referred to as “the Respondent”. The Complainant submitted the claim under the Act on 26 ^th July 2015. The Rights Commissioner/Adjudication Officer heard the case (along with a number of other claims made by the Complainant) on 26 ^th August and 21 ^st October 2015. The Rights Commissioner's /Adjudication Officer's decision was issued on 5 ^th December 2016. The Respondent's appeal was received by the Court on 13 ^th January 2017.

5 At the hearing of the appeal before the Court on 27 ^th March 2018, the Respondent informed the Court that it no longer wished to pursue its appeal as it was conceding the claims the subject of the appeal.

Determination

6 On the basis that the Respondent has conceded the Complainant's claims the subject of the appeal under the Act, the Court upholds the...