ADJ-00006329

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006329

Parties:

Complaint(s):

 Date of Adjudication Hearing: 06/03/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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).

Background

The claimant was employed by the respondent as a Cashier/Administrator from the 12th March 2016. She was paid €10.50 per hour working covering Day work, Evening, Night Work, Shift Rota’s, Saturdays and Sundays. The claimant submitted that she was not paid a premium for working Sundays under section 27 of the Organisation of Working Time Act 1997 for the past 4 and half years with the exception of the last Sunday in September 2016.

The respondent for their part submitted that on the 9th April 2015 an inspection on the Respondent’s Employment Records was carried out by a representative of NERA and it was deemed that the respondent was compliant with the legislation governing premium for working on Sundays

Findings

I find that having examined all the evidence as presented the claimant was in receipt of an composite rate that included a premium for working on Sundays.

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.

I find that having examined all the evidence the complaint is not well founded and falls.

Dated: 12 June 2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell