The Labour Court found that three Ire Recruitment Ltd truck drivers assigned to Greenstar Limited were paid less than comparable directly employed drivers when they worked no overtime. It left compensation for a later hearing. The determination was signed on 19 January 2015 on Ire Recruitment Ltd's appeal.
The drivers, Kieran Gould, Noel Dineen and Jermiah Healy, earned €11.50 an hour. Greenstar's directly employed drivers had an effective agreed rate of €12.50. IRE Recruitment argued that overtime premiums had to be included in the comparison; the Court held that pay must be compared as a whole, rather than by basic hourly rates alone.
The Court rejected the drivers' claim to the same basic hourly rate considered in isolation. It found that drivers who worked overtime could be paid more or less than comparable employees depending on their hours, and held that the complaints were not time-barred. It directed the parties to calculate each driver's loss over the previous six months and return for a further hearing to determine any compensation.