ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002054
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-00002796-001 | 23/02/2016 |
Date of Adjudication Hearing: 04/07/2016
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).
Attendance at Hearing:
Parties | Complainant | Respondent |
Complainant’s Submission and Presentation:
On April 22nd I took ill and had to go sick from work. I was not paid for the Bank Holiday on August 3rd 2015. After my NBRU representative appealed the decision locally and centrally, Dublin Bus stated that i was not entitled to the Bank Holiday as my cumulative sickness was greater than 6 months. As I was in work prior to April 22nd and was less than 6 months out sick, I believe I was entitled to be paid the Bank Holiday for August 3rd 2016 |
Respondent’s Submission and Presentation:
The Respondent does not dispute the Claimant’s entitlement to the August public holiday. He will be paid his entitlement when he returns to work. He will have accumulated 190.00 at the time of the public holiday and currently owes the Respondent in excess of €1,100.00.
When he returns to work he will be reimbursed any public holiday pay minus the money he owes the Respondent.
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.
I have considered the submissions of both parties. The Respondent is not disputing the Claimant’s entitlement to public holiday pay and have undertaken to reimburse him when he returns to work, I therefore accept the Respondent’s position.
I do not find the claim well founded and it fails.
Dated: 23 May 2017