Stewart v Department of Finance & Personnel [2012] NIQB 43
Decision Number:
Published on: 07/09/2012
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Background
The plaintiff, who is a security guard employed by the Department, alleged that, in June 2008, his employer breached his contract of employment by depriving him of 2 hours guaranteed, compulsory daily overtime. The Court found that these two hours were „conditioned overtime‟, i.e. hours which formed part of the plaintiff‟s terms of employment. Thus the Court ruled that the hours were both compulsory and guaranteed. The High Court reached this conclusion after hearing oral evidence from the plaintiff and from witnesses, and also by reference to a letter of appointment stating that his hours of work were 8.00am to 6.00pm. Some members of staff were permitted not to work thecompulsory overtime, but this was granted at the employer‟s discretion due to the employees‟ personal circumstances.http://bit.ly/LC2sbo
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The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 07/09/2012
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