ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009317
Parties:
| Complainant | Respondent |
Anonymised Parties | Security Officer | Security Company |
Complaint:
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-00012194-001 | 29/06/2017 |
Date of Adjudication Hearing: 05/10/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and 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 has been employed as a Security Officer with the Respondent from September 2015. The Complainant is paid €11.05 an hour since June 2017 and he works on average 20 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 29th June 2017 alleging the Respondent had breached Section 18 of the Organisation of Working Time Act, 1997 as he had not been provided with any hours of work between 12th June 2017 and 10th July 2017. |
Summary of Complainant’s Case:
The Complainant stated he had not been provided with hours of work from the Respondent during the period 12th June 2017 to 10th July 2017. He has been provided with two Night Shifts in a named Site effective from 24th July 2017. He is claiming payment in accordance with Section 18 of the Act |
Summary of Respondent’s Case:
The Respondent stated that the Complainant had been provided with two night shifts, Monday and Tuesday effective from 24th July 2017. The Respondent confirmed that the Complainant had not been paid in accordance with Section 18 of the Act |
Findings and Conclusions:
The Complainant had been provided with a written statement of his Terms and Conditions of Employment signed and dated by the Parties in August 2015. His hours and place of work are unspecified but states that “your hours of work are posted to you one week in advance…….you may be designated to work days, nights or weekends….Such shift rotation will be subject to alteration, this you agree to do…..The Company reserves the right to lay you off or place you on short term working”. The evidence was that the Complainant was not placed on lay-off or short term working. Section 18 provides that where an employee is required to make himself available as and when the employer requires him to do so then under Section 18(2) of the Act the Employer is required to pay the Complainant 25 per cent of the Contract hours which in this complaint both Parties confirmed the Complainant worked on average 20 hours a week. Therefore, I find the Complainant was not provided with work over a 3 week period from 12th June 2017 to 29th June 2017, when the complaint was referred to the WRC. Therefore, I find the Complainant is entitled to payment of 15 hours x €11.05 an hour =€165.75 |
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.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaint is well founded. I direct the Respondent to pay the Complainant wages of €165.75 subject to any lawful deductions, within 42 days of the date of this Decision. I also direct the Respondent to pay the Complainant compensation of €800.00 for breach of Section 18 of the Act, this to be paid to the Complainant within 42 days of the date of this Decision. |
Dated: 19 January 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Working Time Act – Section 18 – zero hours |