ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011737

Complaint(s):

Date of Adjudication Hearing: 13/03/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint 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

Background

The claimant submitted that the respondent had not applied the ERO to his rate of pay. He was paid €10.76 and it should have been €11.05 as and from the 1st June 2017. It was submitted that the ERO states that overtime is applicable after the standard working week. The claimant stated that he worked on the 20th October’17 58 hours where he was paid only €10.76 for each hour worked.

Findings

The respondent did not show up.

The provisions of Employment Regulation Order (Security Industry Joint Labour Committee) 2015 (S.I. 417 of 2015), including the rate of pay (otherwise known as core pay) of €10.75 per hour, will remain in force up to and including May 31st, 2017. All provisions of this Order will become effective on 1st June, 2017.

Section 1

RATES OF REMUNERATION

(1) Subject to paragraph (2) of this section a worker to whom this Order applies shall be remunerated by his or her employer at the rates set out below:-

€11.05 per hour — From the 1st June 2017

€11.35 per hour — From the 1st June 2018

€11.65 per hour — From the 1st June 2019

Where rates of pay (including composite rates) are higher than the rates of pay provided for in this section, it shall be necessary for the employer to keep (and make available to the workers(s) concerned, as appropriate) such records as are necessary to show that the above Rates of Remuneration, as defined in this section, are being complied with.

(2) (a) A worker who has not attained the age of 18 years shall be remunerated at an hourly rate of pay that is not less than 70 per cent of the rate specified in paragraph (1);

(b) A worker who enters employment for the first time after attaining the age of 18 years or, having entered employment before attaining the age of 18 years and continues in employment on attaining that age, shall be remunerated at an hourly rate that is not less than: -

(I) In the case of a worker commencing employment for the first time after attaining the age of 18 years: -

(i) in his or her first year after having commenced employment, 80 per cent of the rate specified in paragraph (1);

(ii) in his or her second year after commencing employment, 90 per cent of the rate specified in paragraph (1).

(II) In the case of a worker having entered employment before attaining the age of 18 years and continuing in employment on attaining that age:-

(i) in his or her first year after having attained the age of 18 years, 80 per cent of the rate specified in paragraph (1); and

(ii) in his or her second year after having attained that age, 90 per cent of the rate specified in paragraph (1).

(c) Where a worker who has attained the age of 18 years undergoes a course of study or training authorised by the employer within the workplace or elsewhere during normal working hours, such courses or training to be prescribed in regulations made by the Minister pursuant to section 3 of the Act of 2000 for the purposes of section 16 of that Act, the worker shall be remunerated by his or her employer in respect of his or her working hours at a rate of pay that is not less than the following:

(i) in respect of the first one-third period (but not exceeding 12 months) of the total study or training period, 75 per cent of the rate specified in paragraph (1);

(ii) in respect of the second one-third period (but not exceeding 12 months) of the total study or training period, 80 per cent of the rate specified in paragraph (1);

(iii) in respect of the third one-third period (but not exceeding 12 months) of the total study or training period, 90 per cent of the rate specified in paragraph (1).

The conditions specified at section 16 of the Act of 2000 shall apply, with necessary modifications, to the application of this subparagraph.

3. Overtime rates shall apply as follows: -

(a) all hours worked more than an average 48 hours per week in the roster cycle will be paid at a rate of time and a half;

(b) a rostered cycle shall be a predetermined working pattern, which can be up to a maximum of six weeks, which has been issued to the worker in writing prior to the commencement of the roster cycle.

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.

I find that the complaint to be well founded and based on the uncontested evidence the respondent should pay the claimants any arrears of wages that he is due as and from the 1st June 2017.

Dated:   08/06/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell