The Labour Court set aside a €750 award to Terri Murphy and a direction for future minimum payments in a zero-hours contract case against Contract Personnel Marketing Ireland. The company’s appeal was allowed in a determination dated 19 April 2011. A Rights Commissioner had found Murphy’s claim well founded and made the award.
Murphy claimed the employer breached section 18 of the Organisation of Working Time Act 1997 by failing to compensate her when it did not provide work. The company argued she was a casual worker outside the section. Her union said she was engaged on zero-hours work and pointed to the gap between hours worked and hours it said she should have been offered.
The Court found Murphy could accept or refuse work as it became available. She was not required to stay available during defined periods, report daily for work or remain on standby, and declining offered work did not lead to disciplinary proceedings. It found section 18 did not apply and set aside the Rights Commissioner’s decision.