ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031204
Parties:
| Complainant | Respondent |
Parties | Abdul Raheem | Top Security |
Representatives |
| John Barry Management Support Services (Ireland) Ltd |
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-00041523-001 | 11/12/2020 |
Date of Adjudication Hearing: 26/05/2021
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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 was employed as a Security Officer with the company from 24th May 2018 to 13th November 2020. |
Summary of Complainant’s Case:
The Complainant says he was not paid for two bank holidays he worked in May and June 2020 and one other shift. His hours worked are not reflected in the payments made. He has provided a copy of his rosters and payslips. The payslips provided to the Complainant do not show the hours worked. He raised this with the company, but no satisfactory response was received. |
Summary of Respondent’s Case:
The Respondent says the Complainant is paid 0.36 c above the JLC rate. He is not paid for breaks. The Complainant is paid a premium to cover payments for bank holidays that he does not work. He received double time for bank holidays worked. Payslips showing payment of double time for bank holidays in May and June 2020 and for the shift in April to the Complainant were submitted. The Complainant signed a contract of employment providing for payment of a premium and double time on bank holidays. The Complainant was overpaid by €750.00. |
Findings and Conclusions:
I have heard and considered the submissions made by the parties. The Complainant says there was a breach of S27 of the Organisation of Working Time Act 1997 when he was not paid for three shifts, two of which occurred on bank holidays in May and June 2020. The Respondent has provided payslips setting out the hours worked by the Complainant which show payment of double time to him for two bank holidays, and payment of a shift in April. 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: 5th January 2022
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
|