Rocatil Ltd T/A Kennedys Bar (Represented by McInnes Dunne Solicitors) v Conor Hourican (Represented by Claire Bruton B.L., Instructed by Kane Tuohy Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 25 June 2018
• Judgment citation (vLex): [2018] 6 JIEC 2501
• Date: 25 June 2018
• Court: Labour Court (Ireland)
• Docket Number: ADJ-00003791 CA-00005071-011/012,DETERMINATION NO.DWT1817,FULL RECOMMENDATION

Labour Court (Ireland)

FULL RECOMMENDATION

WTC/17/76

DETERMINATION NO.DWT1817

ADJ-00003791 CA-00005071-011/012

PARTIES:

Rocatil Limited T/A Kennedys Bar (Represented by McInnes Dunne Solicitors)

and

Conor Hourican (Represented by Claire Bruton B.L., Instructed by Kane Tuohy Solicitors)

DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Mr McCarthy

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

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No(s) ADJ-00003791

BACKGROUND:

2 2. An Adjudication Officer hearing took place on 17 July 2017 and a Decision was issued on 24 October 2017.

3 The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 30 November 2017, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 30 January 2018 and on 5 June 2018. The following is the Determination of the Court:

DETERMINATION:

Background to the Appeal

4 This matter came before the Court by way of an appeal brought by Mr Conor Hourican ('the Complainant') against a decision of an Adjudication Officer (ADJ-00003791, dated 24 October 2017) under the Organisation of Working Time Act 1997 ('the 1997 Act'). The Complainant's Notice of Appeal was received by the Court on 30 November 2017. The Court heard the appeal on 30 January 2018 and 5 June 2018, in conjunction with the Complainant's associated appeal under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2013 ('the 2013 Regulations'). The Court's determination in that appeal bears reference number TU/17/34.

5 The Complainant was employed by Rocatil Limited T/A Kennedy's Bar ('the Respondent') from 17 February 2016 until his resignation on 11 March 2016. His employment transferred to the Respondent on the former date pursuant to the operation of the 2013 Regulations from Trinity Taverns Limited (In Receivership).

The Claims

6 The Complainant alleges that the Respondent breached both sections 11 and 12 of the 1997 Act in his case, in the relatively short time that he was employed by it. He alleges that - in breach of section 11 ' he received less than the statutory daily rest period between his shifts on the following dates:

7 -

• (i) Friday 19 February and Saturday 20 February 2016;

• (ii) Monday 22 February and Tuesday 23 February 2016;

• (iii) Monday 7 March and Tuesday 8 March 2016.

8 Secondly, the Complainant alleges that -...