The Labour Court set aside a Rights Commissioner’s decision and directed Team Obair Limited to raise Robert Costello’s pay to €18.50 an hour, or €740 for a 40-hour week. The determination was dated 7 November 2013, after Mr Costello appealed the finding that his claim was not well founded.
Mr Costello worked as a forklift truck driver for Team Obair and was assigned to Diageo Guinness Ireland Limited’s St James Gate plant. He said comparable workers employed directly by the hirer received €18.50 an hour. Team Obair paid him €13.50 an hour and disputed the comparison.
The Court found the hirer’s written rate information was unsupported by testimony and that those rates were not used for its workers at St James Gate. It concluded Mr Costello would probably have received €18.50 an hour for comparable work if hired directly by the hirer. The direction to adjust his pay took effect from 5 December 2011.