Labour Court sets aside decision against MCM Security in Tom Power’s overtime pay appeal

The Labour Court set aside a Rights Commissioner’s decision in Tom Power’s appeal against MCM Security Limited, finding that the company had not breached the Organisation of Working Time Act 1997. The determination was dated 18 December 2008. Power argued that regular overtime should count towards his annual leave and public holiday pay. The Court found that overtime was excluded from both statutory calculations. It also found that his working day comprised eight hours at standard time and one hour of overtime, so the overtime did not count towards public holiday pay. The Court noted that the Security Industry Employment Regulation Order appeared to give Power a contractual entitlement to include regular rostered overtime in holiday pay. But the appeal was brought under the 1997 Act, which was not the appropriate route to enforce that contractual term. The Court substituted its determination for the Rights Commissioner’s decision.