ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022425
Parties:
| Complainant | Respondent |
Anonymised Parties | Security Officer | Security Company |
Representatives |
| Did Not Attend |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029036-001 | 13/06/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029036-002 | 13/06/2019 |
Date of Adjudication Hearing: 30/09/2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
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 Security Officer rom 26th September 2014 to 30th May 2019. He was paid €11.35 per hour day time and €15.00-night time. He has claimed that he was not notified in writing of changes to his contract of employment and he did not receive proper pay for Public Holidays and holidays, also he was not paid for overtime worked. |
1)Terms of Employment (Information) Act CA 29036-001
Summary of Complainant’s Case:
The Complainant stated that he never received written notification of the changes to his contract as per the new Employment Regulation Order for the Security Industry. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented at the hearing. |
Findings and Conclusions:
I note correspondence on file advising both parties of the venue, date and time of the hearing. I note that the Respondent did not attend and was not represented. Based on the uncontested evidence before this hearing I find as follows:- I find that the Complainant did not receive a written statement confirming the changes to his terms and conditions of employment. Sec 5 states “the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than (a) 1 month after the change takes effect”. I find that the Respondent has breached Sec 5 of this Act. I note that Sec 7 (2) (d) of the Act states,” compensation of such an amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 4 weeks remuneration”. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the complaint is well founded.
I have decided that the Respondent has breached Sec 5 of this Act and that compensation is warranted.
I require that the Respondent to pay the Complainant compensation of €1,000 within six weeks of the date below.
|
2) Payment of Wages Act CA 29036-002
Summary of Complainant’s Case:
Request for an extension to the time limit.
He requested an extension to the time limit. He has argued that he did not get an up to date contract of employment which would have advised him of his statutory entitlements.
Decision on time limit extension request
I have decided to grant the extension on the grounds that he was denied information on his statutory entitlements which a contract of employment would have provided.
The complaint was presented to the Commission on 13th June 2019 therefore the period that may be investigated is 14th June 2018 to 30th May 2019, the date of termination of employment.
a) Public Holidays |
He stated that when he was not rostered to work on Public Holidays, he did not get compensated for them.
- b) Holidays
He has claimed that in 2019 he was owed 9.8 hours X €11.35.
In 2018 he worked 2042.5 hours and received 84 hours in holidays. He has claimed for 76 hours in holiday pay.
He also claimed for holidays in 2017 but it was out of time.
- c) Overtime
His contract of employment provided for time and one half after 48 hours a week. In 2019 he is owed 5 hours X €11.35. In 2018 he has claimed 37.5 hours (details supplied) X €11.35 = €425.63.
Summary of Respondent’s Case:
The Respondent did not attend and was not represented at the hearing. |
Findings and Conclusions:
I note correspondence on file advising both parties of the venue, date and time of the hearing. I note that the Respondent did not attend and was not represented. Based on the uncontested evidence before this hearing I find as follows:- a) Public Holidays I find that in the allowable period 14th June 2018 to 30th May 2019, he was rostered to work on 17th March 2019. He was not compensated for June, August, October, Dec 25th , 26th , January 1st , Easter and May Public Holidays, a total of 8 . I note based on details supplied that he worked an average of 42.5 hours per week in 2018 and 32 hours in 2019. As per Sec 21 of the Organisation of Working Time Act, he was entitled to one fifth of the weekly hours for each of the Public Holidays. I find that he was entitled to 8.5 hours for the 5 Public Holidays in 2018, amounting to 8.5 X 11.35 X 5 = €482.37 and 6.5 hours for the 3 Public Holidays in 2019, amounting to 6.5 X 11.35 X 3 = €221.33, totalling €703.70. b) Holidays Based on details supplied at the hearing I find that in the holiday year 1at April 2018 to 31st March 2019 he is owed 76 hours X 11.35 = €862.60. In the holiday year 1st April 2019 to 30th May 2019 he was owed 9.8 hours X 11.35 = €111.23, totalling €973.83. c) Overtime Based on information provided at the hearing I find that his contract of employment provided for time and one half after 48 hours a week. In 2019 he is owed 5 hours X €11.35 = €56.75. In the allowable period of 14th June to 31st December (details supplied) he is owed 28.5 hours X €11.35 = €323.47, not €425.63 as claimed. I find that he is owed a total of €2,057.758. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that this complaint is well founded.
I have decided that the Respondent has breached Sec 5 of this Act.
I require the Respondent to pay the Complainant €2,057.75 within six weeks of the date below.
Dated: 27th November 2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Wages, holiday pay and Public holiday pay |