ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005595

Complaint for Resolution:

Venue: Ardboyne Hotel, Navan, Co. Meath

Date of Adjudication Hearing: 02/02/2017

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background

The Complainant was employed as a deli assistant from the 9^th of October 2014 to the 12^th of May 2016. She alleges that the Respondent failed to pay her a premium rate for Sunday working in line with Section 14 of the Organisation of Working Time Act, 1997. She filed a complaint with the Workplace Relations Commission on the 25^th of October 2015.

Complainant’s Submission:

That when she commenced employment with the Respondent she was paid €9/hour. In early 2015, her rate was increased to €9.50/hour on the 10^th of September 2015, her hourly rate was increased to €10.25/hour. She worked a total of 5 days per week including Sunday.

When she left her employment her new employer paid her a premium rate for Sunday working. As a result, she decided to file a complaint against her former employer for not paying her a premium rate for Sunday working.

Respondent’s Submission:

The company employs a total of 126 staff. There is an agreement in place that an increased hourly rate is paid to staff for working Monday to Sunday. This means that the higher rate applies to all hours worked by the staff Monday to Sunday. This arrangement is allowed for Under Section 14(1) of the Organisation of Working Time Act, 1997. This arrangement still operates in the organisation.

Findings:

Section 14(1) of the Organisation of Working Time Act, 1997 provides

‘an employee who is required to work on Sunday (and the fact that his or her having to work on that day has not otherwise been taken into account in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely-

(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or

(b) by otherwise increasing the employees rate of pay by such an amount as is reasonable having regard to all the circumstances, or

(c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or

(d) by a combination of two or more of the means referred to on the preceding paragraphs.’

The Complainant received a contract of employment on the commencement of her employment which stated;

‘Remuneration

‘Your wage is currently €9 per hour…Monday to Sunday (Inclusive of Sunday Premium) payable weekly in arrears by BACS as detailed on your pay statement.’

The Complainant received an increase to her hourly rate to €9.50 in early 2015 and a further increase to €10.25 was made on the 10^th of September 2015. All of the employees in the organisation are paid in this manner which takes into account payment for Sunday working. The employer has complied with Section 14(1)(b) of the Organisation on Working Time Act, in the manner by which he structured the pay for Sunday premium work.

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 presented at the hearing, I find that the Complaint is not well-founded. The respondent is in compliance with Section 14(1)(b) of the Organisation of Working Time Act, 1997, in the manner in which he pays all of his staff for Sunday Working.

Dated:   03/05/2017