ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002740

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00003804-001	12/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00003804-002	12/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00003804-003	12/04/2016

Date of Adjudication Hearing: 31/05/2016

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

I have not been paid for bank holidays since my employment commenced in october 2011. i was told im not entitled to any because i am part time/temporary.

I never recieved anything extra for working on Sundays since my employment commenced

My annual leave was calculated by 8% of my earnings so i never new how many holidays i had built up or if i had any left . my payslips for my holidays don't state how many days that I'm being paid for.

Respondent’s Submission and Presentation:

The Respondent requested details of any Bank Holiday that the complainant had not been paid as it was not specified in his claim and they were unaware of any Bank Holidays that were not paid.

The Respondent produced the claimants employment terms and conditions which stated that the hourly rate included a premium for Sunday work.

The claimant was paid 8% of his earnings as Holiday pay due and received his full entitlement.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. The complainant sought to introduce claims for the total period of his employment. Under the Workplace Relations Act 2015 Section 41.6 a person is limited to claim for a period of six months prior to the submission of the claim. In this case the complainant submitted his claim on April 12^th 2016 thus limiting his claim to the six months prior to this date. At the Hearing the claimant advised he had not worked any Public Holidays in this period. He also accepted he received 8% of his earnings as Holiday pay thus complying with Section 19.1.C of the above Act and as his contract of employment included in the base rate a premium rate for Sunday working, which is allowed for as per Section 14.1.b of the above Act. Therefore the complainants three claims are not well founded.

Dated: 14^th June 2016