ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00026670
Parties:
| Complainant | Respondent |
Anonymised Parties | A complainant | A State organisation |
Complaint(s):
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-00033147-002 | 16/12/2019 |
Date of Adjudication Hearing: 04/03/2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 contends that he is an employee of the Respondent and has been so since 01. 01.2000. This complaint was received by the Workplace Relations Commission on 16th December 2019. |
Summary of Complainant’s Case:
The Complainant contends that he is not paid premiums for working on Sundays. |
Summary of Respondent’s Case:
The Respondent denies that the Complainant is not or has never been an employee of the Respondent. |
Findings and Conclusions:
This complaint has been submitted to the Workplace Relations Commission under Section 27 of the Organisation Act, 1997. As enacted on 7th May 1997 this Act is: “An Act to provide for the implementation of Directive 93/104/EC of 23rd November 1993 of the Council of the European Communities concerning certain aspects of the Organisation of Working Time, to make provision otherwise in relation to the conditions of employment of employees and the protection of the health and safety of employees, to amend certain enactments relating to employees, to repeal the Conditions of Employment Acts, 1936 and 1944, the Holidays (Employees) Acts, 1973 and 1991, and certain other enactments and to provide for related matters”. As can be seen, this is enactment refers to employees. The Complainant is not nor has never been an employee of the Respondent. The complaint is not well founded. |
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.
The complaint is not well founded. |
Dated: 14th April 2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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