{"id":621671,"date":"2026-09-11T18:26:10","date_gmt":"2026-09-11T18:26:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/621671\/"},"modified":"2026-09-11T18:26:10","modified_gmt":"2026-09-11T18:26:10","slug":"labour-court-dismisses-e77000-claim-by-rte-worker-for-alleged-unpaid-entitlements-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/621671\/","title":{"rendered":"Labour Court dismisses \u20ac77,000 claim by RT\u00c9 worker for alleged unpaid entitlements \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph free \">The <a href=\"https:\/\/www.irishtimes.com\/tags\/labour-court\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/labour-court\/\">Labour Court<\/a> has thrown out a \u20ac77,000 claim by an <a href=\"https:\/\/www.irishtimes.com\/tags\/rte\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/rte\/\">RT\u00c9<\/a> worker for alleged unpaid entitlements concerning pension, annual leave and public holidays over a seven-year period. <\/p>\n<p class=\"c-paragraph free \">Instead, the court has recommended that the claimant \u2013 who was once employed by RT\u00c9 on a so-called bogus contract before securing a full-time contract \u2013 should accept an offer of an ex gratia lump sum payment of \u20ac2,800.<\/p>\n<p class=\"c-paragraph free \">Chairwoman Louise O\u2019Donnell stated that the Labour Court sees no basis to depart from the agreed formula reached between RT\u00c9 and the worker\u2019s representatives that resulted in the \u20ac2,800 lump sum offer and recommends that the complainant accept it.<\/p>\n<p class=\"c-paragraph free \">The case was appealed by the RT\u00c9 worker against a ruling by a <a href=\"https:\/\/www.irishtimes.com\/tags\/workplace-relations-commission\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/workplace-relations-commission\/\">Workplace Relations Commission<\/a> adjudication officer that did not uphold the worker\u2019s claim.<\/p>\n<p class=\"c-paragraph free \">On behalf of the worker at the Labour Court, Siptu put a \u20ac77,000 estimated total on losses it claims the worker suffered between 2013 and 2019 over the non-payment of entitlements. <\/p>\n<p class=\"c-paragraph free \">The worker commenced employment in August 2008 at RT\u00c9 and was issued with a series of independent\/sole trader contracts for services. <\/p>\n<p class=\"c-paragraph free \">In 2018, unions and RT\u00c9 management agreed to an external body conducting a review of the employment status of more than 400 independent\/sole traders, of which this worker was one. <\/p>\n<p class=\"c-paragraph free \">The outcome of that review was a finding for 106 workers, including the worker, that their roles had \u201cattributes akin to employment\u201d.<\/p>\n<p class=\"c-paragraph free \">Following on from the review, agreement was reached to appoint joint facilitators to look at recognition of previous service. Arising from that process, the worker was offered an ex gratia lump sum of \u20ac2,800. <\/p>\n<p class=\"c-paragraph free \">However, the worker told the Labour Court that the figure does not adequately reflect his treatment and the losses he suffered because of the misclassification of his employment status over the years. <\/p>\n<p class=\"c-paragraph free \">In the court\u2019s findings, O\u2019Donnell stated that the worker, through his Siptu representative, confirmed that he had not, during the relevant time period, raised any issue with RT\u00c9 about the nature of his contracts. <\/p>\n<p class=\"c-paragraph free \">O\u2019Donnell stated that it seems to the court that the worker\u2019s discontent arises from the fact that during the agreed two-year period on which his work pattern was based, he was working elsewhere and only working 0.16 Full Time Equivalent for RT\u00c9, which resulted in a smaller award of retrospection. <\/p>\n<p class=\"c-paragraph free \">In its submission, RT\u00c9 stated that the worker was offered a full-time contract of employment, and he accepted this offer in October 2020.<\/p>\n<p class=\"c-paragraph free \">The worker did not accept the settlement offer, but 81.5 per cent of those who were made offers under the retrospection agreement did. <\/p>\n<p class=\"c-paragraph free \">RT\u00c9 stated that the agreement was the product of an extensive and collaborative industrial relations process.<\/p>\n","protected":false},"excerpt":{"rendered":"The Labour Court has thrown out a \u20ac77,000 claim by an RT\u00c9 worker for alleged unpaid entitlements concerning&hellip;\n","protected":false},"author":2,"featured_media":621672,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[72,61,60,42042,6085,20167,6465],"class_list":["post-621671","post","type-post","status-publish","format-standard","has-post-thumbnail","category-business","tag-business","tag-ie","tag-ireland","tag-labour-court","tag-rte","tag-siptu","tag-workplace-relations-commission"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/621671","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=621671"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/621671\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/621672"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=621671"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=621671"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=621671"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}