ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002492
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946 | CA-00003494-001 | 24/03/2016 |
Date of Adjudication Hearing: 09/06/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:
From 2013 my employer has refused to pay me the regular holiday premium attaching to regularly rostered overtime in my employment. They claim that because I accepted a new contract on revised terms in 2012 that the holiday premium that normally applies throughout the employment in such circumstances would not apply to me. This is incorrect and the contract makes no provision for any such exclusion from ordinary application of the holiday premium. |
Respondent’s Submission and Presentation:
The Respondent entered into an agreement with the Claimant in 2012 to resolve an anomaly on relation to his pay. The terms of this agreement was set out in a letter to him on 14 June 2012. It clearly states that he will be required to work regular and rostered overtime. The Claimant had the benefit of representation of his union during these discussions.
This claim must fail due to the fact that it is an established custom and practise that officer grades in the Health Service do not receive holiday premium payments and are specifically precluded from accruing in respect of overtime hours due to the HSE’s terms & conditions of employment.
Decision:
Section 41(4) 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.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Is the Claimant entitled to holiday premium?
Legislation involved and requirements of legislation:
Section 13 of the Industrial Relations Act 1946
Decision:
I have considered the submissions of both parties. The Claimant terms of employment to not contain an entitlement to holiday premium nor is part of the HSE’s terms of employment. Therefore, I do not find the claim well founded and it fails.
Dated: 20th January 2017