ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00011896

	Complainant	Respondent
Anonymised Parties	A Chef	A Bar/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-00015807-001	14/11/2017

Date of Adjudication Hearing: 23/02/2018

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 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 worked for the respondent between June 27th 2016 and September 10th 2017 and was paid €561.11 per week.

Summary of Complainant’s Case:

The complainant says that he was owed payment for eight public holidays for which he had been paid just at ‘flat-rate’.

Summary of Respondent’s Case:

The respondent provided a detailed breakdown of payments made to the complainant.

There were only six public holidays in the relevant period and the respondent produced pay slips confirming that all had been paid. (One had been overlooked but this was rectified prior to the hearing.)

Accordingly, the respondent says that there are no outstanding payments due to the complainant.

Findings and Conclusions:

The complainant appeared confused and was very poorly prepared for the hearing.

In his submission he produced payslips for a year previous to the one in which the claim arose in making his case.

In the event, the respondent rebutted the claims effectively with his records which were not disputed by the complainant.

Accordingly, the complaint fails.

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.

For the reason set out above complaint CA-00015807 under section 27 of the Organisation of Working Time Act, 1997 is not upheld.

Dated:

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Payment for public holidays.