The Labour Court overturned an Adjudication Officer’s decision on Bidvest Noonan (ROI) Limited’s appeal, finding that Mr John Lyons had not proved his claim for four hours’ pay for short rostered shifts. The determination was signed on 19 August 2020. Bidvest Noonan was represented by Management Support Services (IRL) Limited; Mr Lyons was represented by Services Industrial Professional Technical Union (SIPTU).
Mr Lyons, a security officer assigned to a leading bank, argued that the security industry Employment Regulation Order guaranteed four hours’ pay for any work period under four hours. Bidvest Noonan said the minimum applied only when a worker was called in outside rostered hours. The Court found both readings plausible but said it lacked evidence from those who formulated the Order about its intended meaning. It concluded Mr Lyons had not proved what wages were properly payable, so his claim failed and the earlier decision was overturned.