Labour Court throws out RTÉ worker's €77,000 claim

The Labour Court has thrown out a €77,000 claim by an RTÉ worker for alleged unpaid entitlements concerning pension, annual leave, public holidays and privilege days over a seven-year period.

Instead, the Labour Court has recommended that the claimant - who was once employed by RTÉ on a so-called "bogus" contract before securing a full-time contract at the broadcaster in 2020 - should accept an offer of an ex-gratia lump sum payment of €2,800 made by RTÉ.

Chairwoman of the Labour Court Louise O'Donnell stated that the Labour Court sees no basis to depart from the agreed formula reached between RTÉ and the worker's representatives that resulted in the €2,800 lump sum offer and recommends that the complainant accept the ex-gratia payment.

The case was before the Labour Court on appeal by the RTÉ worker against a ruling by a Workplace Relations Commission (WRC) Adjudication Officer that did not uphold the worker’s claim.

On behalf of the worker at the Labour Court, SIPTU put a €77,000 estimated total on losses it claims the worker suffered between 2013 and 2019 over the non-payment of entitlements concerning pension, annual leave, public holidays and privilege days.

The worker commenced employment in August 2008 at RTÉ and was issued with a series of independent/sole trader contracts for services.

In 2018, unions and RTÉ 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.

The outcome of that review was a finding for 106 workers, including the worker, that their roles had "attributes akin to employment".

Following on from the review, agreement was reached between the union and RTÉ 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 €2,800.

However, the worker told the Labour Court that the €2,800 figure does not adequately reflect his treatment and the losses he suffered because of the misclassification of his employment status over the years.

In the court's findings, Ms O’Donnell stated that the worker, through his SIPTU representative, confirmed that he had not, during the relevant time period, raised any issue with RTÉ about the nature of his contracts or sought to vindicate what he believed to be his legal entitlements by processing a complaint under the appropriate pieces of employment legislation.

Ms O'Donnell stated that it seems to the court that the worker's 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 (FTE) for RTÉ, which resulted in a smaller award of retrospection.

In its submission to the Labour Court, RTÉ stated that the worker was offered a full-time contract of employment, and he accepted this offer in October 2020 after working a series of independent/sole trader contracts since 2008.

RTÉ stated that a Retrospection Agreement was reached, and the worker was made the €2,800 offer under that agreement which required him to accept that it was in full and final settlement of all claims related to the matter.

The worker did not accept the settlement offer, but 81.5% of those who were made offers under the Retrospection Agreement did.

RTÉ stated that the Retrospection Agreement was the product of an extensive and collaborative industrial relations process.

It added that the Retrospection Agreement followed months of engagement, goodwill and compromise from all sides and the trade union group supported the agreement.

Reporting by Gordon Deegan