Stewart v Department of Finance & Personnel [2012] NIQB 43 (19 June 2012)

Stewart v Department of Finance & Personnel [2012] NIQB 43 (19 June 2012)

The two hours overtime constituted conditioned overtime, which was both compulsory and guaranteed under the plaintiff's contract. The defendant breached the contract by failing to make the overtime available from June 2008.

Citation
[2012] NIQB 43
Parties
Plaintiff/appellant: William Stewart; Defendant/respondent: Department of Finance and Personnel
Jurisdiction
Northern Ireland
Judgment Date
19 June 2012
Procedural Posture
Employment Contract Dispute (appeal) / Appeal From County Court; Judgment on Liability
Outcome
Judgment for the plaintiff on liability; damages to be assessed
Legal Topics
Overtime Entitlement, Contractual Terms, Breach of Contract, Assessment of Damages
Employment Law Contract Law Overtime Entitlement Contractual Terms Breach of Contract Assessment of Damages

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Parties

William Stewart

Plaintiff/appellant

Department of Finance and Personnel

Defendant/respondent

Procedural Posture

Employment Contract Dispute (appeal) / Appeal From County Court; Judgment on Liability

Legal Issues

  1. 1 Whether the plaintiff was contractually entitled to two hours of guaranteed and compulsory overtime per day
  2. 2 Whether the defendant breached the employment contract by unilaterally removing the overtime
  3. 3 Whether damages should be limited to the notice period

Ratio Decidendi

The two hours overtime constituted conditioned overtime, which was both compulsory and guaranteed under the plaintiff's contract. The defendant breached the contract by failing to make the overtime available from June 2008.

Court Disposition

Judgment for the plaintiff on liability; damages to be assessed

Orders

  • Damages to be agreed between parties or determined at a later hearing
  • Review date to be fixed for assessment of damages