Complainant

Respondent

Anonymised Parties

Community Employment Scheme Supervisor

Community Employment SCheme

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-00011443-001

19/05/2017

The Complainant was employed as a Community Employment Scheme Supervisor from 2006.                     His complaint is that he was not given his entitlements under the Act for public holidays.

The Complainant went on sick leave from his employment on 6th June 2016. He states that he did not receive payment for public holidays.

The Respondent states that all monies properly due to the Complainant were paid.

This complaint was received on 19th May 2017.

Section 41 (6) of the Workplace Relations Act 2015 states:

“41 (6) Subject to subsection (8) and adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates”.

The cognisant time period therefore for this complaint is from 20th November 2016. I note that the Complainant was on sick leave from June 2016 and a letter dated 12th October 2017 from the Respondent to the Complainant states “in error you were paid for bank holidays in the sum of €1,327.93”. This letter was issued on foot of a Labour Inspection. I find that the Respondent has discharged its obligations in relation to the payment for public holidays.   I do not uphold the complaint.