ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006960

	Complainant	Respondent
Anonymised Parties	An Office Worker	A Wholesaler

Representatives

A SIPTU Official

An IBEC Official

Complaint(s):

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-00009493-001	01/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009493-002	01/02/2017

Date of Adjudication Hearing: 08/06/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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).

Background:

The Complainant submitted two claims to the WRC regarding the payment for public holidays and holiday pay.

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 submitted her claims to the WRC on February 1^st 2017. The claims relate to the non payment of public holidays and holiday pay during a period of sick leave from March 14^th 2016 to April 1^st 2016. The Workplace Relations Act 2015 states in Section (6) the following “Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.”

Accordingly as the two claims, CA-00009493-001 and CA-00009493-002, relate to a period of time before six months of the date of submission of the claims to the WRC I deem the claims to be out of time and not well founded.

Dated: 06^th July 2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Claim for Public Holidays and Pay