ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006616
Parties:
| Complainant | Respondent |
Parties | A Bar Worker | A Pub Restaurant |
Complaint:
Act | Complaint 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-00009016-001 | 10/01/2017 |
Date of Adjudication Hearing: 16/02/2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 10th January 2017, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Organisation of Working Time. This complaint was in addition to earlier complaints and subject to a report in ADJ 3641. All complaints were subject to adjudication on the 16th February 2017.
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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 is employed in a pub restaurant and is currently on sick leave following an accident at work. This claim relates to public holiday pay while on sick leave. |
Summary of Complainant’s Case:
The complainant stated that this claim relates to public holidays since the incident of the 10th March 2016. He has not been paid for the public holidays and there is a subsisting employment relationship. He referred to the Third Schedule of the Organisation of Working Time Act and that he could claim for a period of 12 months. |
Summary of Respondent’s Case:
The respondent acknowledged that it owed for the public holidays. |
Findings and Conclusions:
CA-00009016-001 The complainant submitted a complaint for public holiday pay for the period after the first set of complaints, i.e. from August 2016 to January 2017. According to the Schedule, the complainant is entitled to recover for public holidays for 12 months as the sick absence is due to an injury occurring in work. He seeks recovery for the four public holidays between August 2016 and January 2017. He refers to the Third Schedule of the Organisation of Working Time Act, which provides “Entitlement under section 21 in respect of Public Holidays: Exceptions Section 21(5). “Each of the following are the cases mentioned in section 21 (5) of absence by the employee concerned from work immediately before the relevant public holiday:
I find as fact that the injury sustained by the complainant falls within the meaning of occupational accident. This claim is therefore well-founded and the respondent shall pay the complainant for four days of public holiday pay. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00009016-001 I find that this complaint made pursuant to the Organisation of Working Time Act is well-founded and the respondent shall pay the complainant for four days of public holiday pay. |
Dated: 26/10/17
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Organisation of Working Time Act, Third Schedule |