The Labour Court set aside two working-time decisions against Ivan Wilde Limited after finding it lacked jurisdiction over those complaints involving deckhand and fisher Jose Pame Salandron. The determination was dated 16 May 2022.
The Adjudication Officer had upheld complaints about annual leave, public holidays, rest periods, working hours and Sunday work, making awards ranging from €59.60 to €3,000. On appeal, the Court found that sea fishing was excluded from Part II of the Organisation of Working Time Act 1997 unless a ministerial order brought it within that part of the Act. It said the cited orders did not do so, and that enforcement of the relevant regulations was provided through an Inspectorate.
The two decisions set aside concerned complaints under sections 15 and 14 of the Act. The merits of those complaints were not decided. The Court proposed to hear the appeals about annual leave and public holidays and further arguments on three other complaints before deciding whether it had jurisdiction over them.