The Labour Court set aside a €5,000 award to Roisin Hill after allowing Dawn Country Meats Limited’s appeal. The Rights Commissioner had awarded the money over a complaint that the company failed to provide adequate rest and intervals at work.
In a determination dated 7 September 2012, the Court found the rest-and-intervals complaint was brought outside the six-month time limit and had no jurisdiction to consider Hill’s annual-leave claim, raised for the first time on appeal. The merits of both complaints were not decided.
Hill’s original complaint concerned rest and intervals under the Organisation of Working Time Act 1997. During the appeal, she argued she was also entitled to annual leave for time she was absent on sick leave. The Court said it could hear appeals only on claims decided by the Rights Commissioner, and the annual-leave claim had not been part of the original complaint.