Labour Court disallows worker’s pay appeal against Usher Insulation

The Labour Court upheld the Rights Commissioner’s recommendation and disallowed a worker’s appeal over pay at Usher Insulation, in a decision dated 19 April 2011. The worker claimed he should have received the construction industry Grade D operative rate, saying he worked 39 hours a week; Usher Insulation said he worked about 20 to 25 hours. The Rights Commissioner had found no money was owed and recommended that the claim fail. The Labour Court said the parties had accepted a pay arrangement when the worker began in 2005 and that he continued under it without complaint. It saw no basis to reopen the arrangement after his employment ended.