ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00009582

Parties:

	Complainant	Respondent
Anonymised Parties	A Door Security person	A Retailer

Representatives

A SIPTU Official

Not present

Complaint(s):

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-00012580-001	17/07/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00012580-002	17/07/2017

Date of Adjudication Hearing: 12/09/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 Complainant was employed on a part time basis as a Security Man from October 2015 to June 2017. He alleged he was not paid his proper holiday entitlement or rate for public holidays.

Summary of Complainant’s Case:

The Complainant worked 10 hours per week and earned 14 Euro per hour. He worked from 10.30 pm to 3am and on public holidays.

The Complainant has not received his annual leave or public holiday entitlements.

The employer signed his notice form stating he was due annual leave and public holiday entitlements.

The Complainant seeks payment for the last six months of work as follows;

252 hours by 8% =20.16 hours annual leave at 14 euro per hour equals 282.24 Euros.

He worked five public Holidays, New Years Day, St. Patricks Day, Easter Monday, May day and June Bank Holiday. He is claiming 1/5^th of his normal working week totalling 135.69 Euros. This is an estimate as the Complainant does not have access to pay slips.

Summary of Respondent’s Case:

Not present.

Decision:

Section 41 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.

The Complainant submitted his claim to the WRC on July 17^th 2017. Therefore under the Act the eligible period for consideration is from January 17^th 2017 to July 17^th 2017 (six months prior to the date the claim was lodged (Sec 41.6 of the Workplace Relations Act 2015).

The Complainant is entitled to payment of 8% of his hours worked under Section 19.1 of the Act and based on his uncontested evidence I award him 282.24 Euros to be paid within four weeks of todays date.

This is awarded under claim ref no 00012580-001.

Under Section 21.1.c an employee is entitled to an additional days pay for hours worked on public holidays and I award the Complainant four fifths of his claim as the day on January 1^st 2017 falls out side the eligible period. Based on working 4.5 hours per day for four days at 14 euro per day the complainant is awarded 252 Euros to be paid within four weeks of todays date. This is awarded under claim ref no 00012580-002.

The Complainants Representative also sought compensation under the Van Kolson principal however I do not see any merit in this claim due to the simple nature of the claim and there was no evidence of a delay by the Respondent in dealing with any grievance (which was not lodged during the course of employment) by the Complainant.

Dated: 6^th October 2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Non payment of annual leave and public holidays