FTAI gives cautious welcome to Labour Court decision

Freight Transport Association Ireland (FTAI) has cautiously welcomed a Labour Court decision to recognise the primacy of EU legislation on working time for mobile workers.

<!–more–><img class=”aligncenter size-full wp-image-12811″ src=”http://www.autotrade.ie/wp-content/uploads/2014/01/fta_ireland_logo-2.jpg” alt=”fta_ireland_logo-2″ width=”615″ height=”300″ />In a series of determinations involving Cosgrave Transport, the court set aside a raft of findings previously made against the company by the Rights Commissioner. At issue in most of the cases was calculation of the length of the working day, the impact of that calculation on the effective wage rate, and on compliance with the Working Time Directive.

The Rights Commissioner had previously refused to recognise the tachograph as a lawful instrument for the calculation of employee working time, and also refused to accept long-established laws excluding periods of availability and rest time from driver working time.

The Labour Court determinations in these cases acknowledge, for the first time, the primacy of EU Regulations in this area which explicitly define those hours which are reckonable as working time for mobile workers.

Neil McDonnell said: “We hope that these determinations will stop the flow of vexatious and dishonest claims made against the employers of mobile workers. We congratulate Cosgrave Transport on their principled stand on this important issue. We advise any employers who have similar cases before the newly established Workplace Relations Commission to study these latest determinations carefully.”