Complainant

Respondent

Anonymised Parties

A Sales Assistant

A Newsagents

Representatives

Brody and Company Solicitors

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-00012765-001

25/07/2017

The Complainant claims that the Respondent has contravened the provisions of Section 21 of the Organisation of Working Time Act 1997 in relation to her public holiday entitlements.

The Complainant was employed by the Respondent as a Sales Assistant from 1^st October, 2006 until 17^th February, 2017 when her employment was terminated. The Complainant claims that the Respondent failed to pay her for the following public holidays which fell within the first 26 weeks of a period of sick leave during her employment, namely: the last Monday in October, 2015, Christmas Day 2015, St. Stephen’s Day 2015, New Year’s Day 2016, St. Patrick’s Day 2016 and Easter Monday 2016.

The Respondent denies that it has contravened the provisions of Section 21 of the Organisation of Working Time Act 1997 in relation to the Complainant’s public holiday entitlements. In any event, the Respondent submits that the complaint in relation to this matter has not been referred to the Director General of the WRC within the requisite time limits, and therefore, is statute barred pursuant to Section 41(6) and (8) of the Workplace Relations Act 2015.

The time limits that apply in relation to the referral of a complaint regarding public holiday entitlements under Section 21 of the Organization of Working Time Act 1997 are governed by the provisions of Section 41 of the Workplace Relations Act 2015.

Section 41(6) provides that: “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”.

Section 41 (8) provides that: “An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause”.

The Complainant claims that the Respondent has contravened the provisions of Section 21 of the Organization of Working Time Act 1997 in relation to six public holidays which occurred on dates ranging from 26^th October, 2015 (i.e. last Monday in October) to 28^th March, 2016 (Easter Monday) while she was absent on sick leave.

The present complaint was referred to the Director General of the WRC on 25^th July, 2017. Therefore, it is clear that most recent occurrence of the alleged contraventions under Section 21 occurred more than 12 months prior to the referral of the complaint. In the circumstances, I find that this complaint was presented to the Director General of the WRC outside of the time limits provided for in Section 41(6) and (8) of the Workplace Relations Act 2015.

Accordingly, I find that I do not have jurisdiction to inquire into the complaint.

I find that this complaint was presented to the Director General of the WRC outside of the time limits provided for in Section 41(6) and (8) of the Workplace Relations Act 2015.

Accordingly, I find that I do not have jurisdiction to inquire into the complaint.

Organisation of Working Time Act 1997 – Time Limits – No jurisdiction