ADJ-00004140

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004140

Complaint for Resolution:  

Date of Adjudication Hearing: 13/01/2017

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Attendance at Hearing: 

Complainant’s Submission and Presentation: 

The complainant was employed as a “Cliffs of Moher” shuttle bus driver. His regular working week was Sat, Sun, Mon of each week and he received a daily rate of pay. He worked 13 hours per day and received no compensation for Sunday working.

When he informed his employer that he would be making a complaint to the WRC, The employer offered an Increase of 5 euro per day for Sunday working and said that they would be fully compliant with the legislation then.

The complainant does not believe that a € 5.00 per day increase to be fair and reasonable in the circumstances. He thinks that a 30% increase would be fair.

Respondent’s Submission and Presentation: 

When the complainant addressed the issue with the respondent they gave the matter some thought. They stated that they were adding an additional €5 per day on the basic Sunday rate. This represented an increase of 4.49% in the Sunday rate. The complainant replied on the 6^th July 2016 that he believed a circa 30% increase for Sunday work would be standard and that any Sunday rate change agreed would also need to be back dated.

As part of the review of this complaint it was found that prior to the increase in the Sunday supplement the complainant had worked the following “cliff” days at the lower rate (24/04/2016, 01/05/2016, 08/05/2016, 15/05/2016, 22/05/2016, 12/06/2016, 19/06/2016, 26/06/2016, and 10/07/2016). The complainant was paid € 45.00 for the days that he had worked on a Sunday.

Decision:

Section 41(4) of the Workplace Relations Act 2015 and Section 27 Organisation of Working Time Act requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that the respondent has paid to the complainant all sums due to him in relation to his Sunday Supplement.

In the circumstances the complainant’s case fails.

Dated:   15 February 2017