ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018764
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner | A Services Company |
Representatives |
|
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Complaints:
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-00024204-001 | 17/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00024204-002 | 17/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00024204-003 | 17/12/2018 |
Date of Adjudication Hearing: 19/02/2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant was employed as a cleaner on a rate of €10.40 per hour. These complaints relate to annual leave and Sunday premia. |
Summary of Complainant’s Case:
Complaint CA-0024204-001 relates to Sunday premium. The complainant says he worked every Sunday but did not receive a premium payment. The shortfall is €3.47 per hour. He submitted evidence going back to 2015. Complaint CA-0024204-002 was withdrawn at the hearing. Complaint CA-0024204-003 relates to annual leave. There is no claim in respect of 2018 but he says there was a shortfall for 2017 of ten days. |
Summary of Respondent’s Case:
The respondent submits that in relation to the Sunday premium the complainant can only make a complaint within the cognisable period which is six months from the date of submission of the complaint (December 17th 2017). The respondent has incomplete records but those they have contradict the complainant ‘s assertion that he worked every Sunday. In January and February 2018 he did not work any Sundays and looking at a sample of the later months it appears that he worked about two-thirds of those claimed. The amount owed to the complainant is only the Sunday premium element of €3.47 per hour. In relation to Complaint CA-0024204-003 it is accepted that the complainant did not get his full entitlement to annual leave and agrees that ten days are due. |
Findings and Conclusions:
Complaint CA-0024204-001 relates to Sunday premium and the shortfall is €3.47 per hour. He submitted evidence going back to 2015. However, I may only take account of the six months period from the date of the complaint which was December 17th 2018. This is what is described as the cognisable period. While the complainant says he worked every Sunday it was clear from a more detailed investigation of the situation at the hearing that he did not. He worked on average two thirds of Sundays and he eventually accepted this to be the position, or at least that he had not worked every Sunday. This would be approximately sixteen Sundays in the six-month period up to the date of the complaint, but the complainant was on sick leave from October 31st. This leaves approximately ten Sundays for which a premium payment is due; at a differential of €3.47 per hour. Complaint CA-0024204-002 was withdrawn at the hearing. Complaint CA-0024204-003 relates to annual leave. There is no claim in respect of 2018, but he says there was a shortfall for 2017 of some ten days which was not disputed by the respondent. |
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.
I uphold complaint CA-0024204-001 and award the complainant €278.00 I uphold complaint CA-0024204-003 and award the complainant €832.00. Complaint CA-0024204-002 was withdrawn at the hearing. |
Dated: 01/05/19
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Sunday Premium, Annual Leave |