ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00008284

Parties:

Complaint(s):

Date of Adjudication Hearing: 30/07/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969] following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute

Background

The Claimant worked for the Respondent from the 10th of October 1995 until the 22nd September 2017 as a Static Security Officer.

The union submitted that the claimant was contracted to work 39 hours per week but the respondent did not roster him his full hours every week as a result the claimant was down money in his wages regularly. The claimant loss amounted to €1200 at the date of referral 19th April and continued to accumulate up to the date of his dismissal of the 18th august 2017. The union submitted the following;

The claimants Loss of Earnings 2016 & 2017

From 1st January 2016 to date of dismissal 18th August 2017.

The total hours lost are 266.95 hours

The total hours lost at €10.76 per hour = 242.20hrs x €10.76 = €2606.07

The total hours lost at €11.05 per hour = 24.75hrs x €11.05 = 273.49

The total amount of loss of earnings = €2879.56

Findings

I find that claimant commenced employment with the respondent on the 10th October 1995. I find that based on the evidence that the claimant worked a 39 hour week.

I find that having examined the contract of employment, it is silent on the number of hours per week.

I find that in the section under pay there is a reference that overtime will be paid after 39 hours.

I find based on the evidence as submitted the claimant had an expectation to work 39 hours per week however I find that he was not rostered for 39 hours.

I find that the claimant is seeking payment of €2879.56 as his loss up to the date of referral and continued to accumulate up to the date of his dismissal of 18th August 2017

The complaint form was received by the service on the 19th April 2017

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

I find that based on the evidence as submitted the claimant to be paid €2879.56 in full and final settlement of his complaint.

Dated:   7th December 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: