ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005186

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 07/02/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) 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 claimants commenced employment with the respondent on the June 2014 and on the 1st August 2013. It was submitted on their behalf that they were not paid for Good Friday in 2016   contrary to the established practice and as per the ERO. The respondent for their part submitted that the claimants were paid for Good Friday in 2015, however, this was an error. The respondent is fully compliant with the current Employment Regulation Order (Contract Cleaning) 2015.

Findings

The complaints were received by the service on the 30^th September 2016

I find that Employment Regulation Order (Contract Cleaning) 2015 section 11(30 provides for the following in relation to Good Friday;

(3) Good Friday — workers employed prior to 2nd August 2012 will be paid for Good Friday as if it was a public holiday in accordance with the provisions of sections 21 and 22 of the Organisation of Working Time Act 1997, exclusive of any qualifying number of hours required in that Act. For persons employed from and including 2nd August 2012, Good Friday is to be paid as a normal working day except for those workers who have a contractual entitlement to payment for Good Friday. These workers will continue to be paid for Good Friday as if it was a public holiday in accordance with the provisions of sections 21 and 22 of the Organisation of Working Time Act 1997, exclusive of any qualifying number of hours required in that Act.

I find that the claimants were employed post the 2nd August 2012. I find they were paid in error for Good Friday in 2015 however that this does create an implied term.

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.

Based on the evidence I find the complaints are not well founded and fall.

Jim O Connell

Adjudicating Officer

Dated:   15^th May 2017