A Public Transport Company v A Worker [2017]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
Issues covered: Section 28(1), Organisation of Working Time Act, 1997; Advance Notice of Working Times

This case concerned a claim that the complainant does not receive 24 hours' notice of his starting and finishing times as required under the Act. The complainant works as a spare driver covering shifts for workers who are unavailable for their normal shift. The respondent notifies the complainant of his precise starting time at 13.00 hours on the day before the required shift. However, the starting time is between 4.30 and 10.00 am. 

The court held that the respondent does not provide 24 hours' notice of the complainant's start time and emphasised that a range of starting times, spread over 5.5 hours, is not adequate as it deprives the complainant of knowledge of his starting time.

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This article is correct at 11/05/2017

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