Courts / Galway / Report

ESB technicians who claimed overtime was 'deliberately' held up lose all test cases

Date
2022-12-28

Stage
Charge Or Pretrial

Primary locality
Galway

County
Galway

Summary

ESB Networks, the applicant, lost ten test cases at the Workplace Relations Commission regarding allegations that it unlawfully withheld overtime from Independent Workers' Union members who refused to use the MyTime app. The tribunal, presided over by adjudicating officer Jim Dolan, rejected all claims under the Payment of Wages Act, Terms of Employment (Information) Act, and Industrial Relations Act. Dolan found that the introduction of the app was a minor change to work practices, not a unilateral alteration of terms and conditions, and that no written individual consent was required given existing collective agreements. He determined there was no causal link between payment delays and union membership, noting that non-IWU staff also experienced delays. While Dolan acknowledged that sums ranging from €250 to €4,567 were due at the time complaints were submitted on 2 January 2022, he ruled these were paid late between February and June 2022, prior to the July hearing. Consequently, he found the complaints not well-founded, stating that delayed payment did not amount to an unlawful deduction. He also rejected all victimisation claims. The ten complainants were Stephen Darling, Sean Meyler, Liam O'Grady, Gerard Tuohy, Oisin Mahon, Greg Victory, Des Summerville, Michael Dolan, Brian Baitson, and Shane Flynn. ESB Networks argued it was up to date on payments and that the app was the only available system for processing overtime.