Noonan Services Group Ltd (Represented by Management Support Services) v Michael Flaherty (Represented by Services Industrial Professional Technical Union)

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 28 March 2018
• Judgment citation (vLex): [2018] 3 JIEC 2802
• Date: 28 March 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.PWD1811 ADJ-00005894 CA-00007946

Labour Court (Ireland)

FULL RECOMMENDATION

PW/17/63

DETERMINATION NO.PWD1811

ADJ-00005894 CA-00007946

PARTIES:

Noonan Services Group Limited (Represented by Management Support Services)

and

Michael Flaherty (Represented by Services Industrial Professional Technical Union)

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. ADJ-00005894.

BACKGROUND:

2 2. This is an appeal of an Adjudication Officer's Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 21 February 2018 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:

DETERMINATION:

3 This is an appeal by Noonan Services Group Ltd against an Adjudication Officer's Decision ADJ-00007946 given under the Payment of Wages Act 1991 (the Act) in a claim by Michael Flaherty that he suffered an unlawful deduction from his wages. This occurred when his Employer failed to apply an increase to his hourly salary in line with the adjustment made to the basic(day) rate under an Employment Regulation Order (ERO) which operated with effect from 1 ^st October 2015.

4 The Adjudication Officer found in favour of the Complainant in relation to his complaint and directed that his salary be increased by 32 cent per hour gross for each hour worked on the night shift in the cognisable period.

5 The cognisable period for the purpose of the Act is 3 ^rd May 2016 to the 2 ^nd November 2016 the date the complaint was lodged with the WRC.

6 In this Determination, the parties are referred to as they were at first instance. Hence Noonan Services Group LTD is referred to as the ‘Respondent’ and Michael Flaherty as ‘the Complainant’.

Background

7 The Complainant came to work for the Respondent following a transfer of undertakings in March 2015. At the time the transfer occurred the Complainant was in receipt of an hourly rate of €12.68 per hour as he worked night shift. It is the Complainants contention that when the basic ERO rate increased on 1 ^st October 2015 he should have received a corresponding increase in his rate.

Complainant's case

8 The Complainant commenced this employment in 2008. He works 37.5 hours per week together with one additional Sunday night shift each fortnight. He is paid for 90 hours per fortnight at the night shift rate (NSR)....