FULL RECOMMENDATION
PARTIES : SYNERGY SECURITY SOLUTIONS DIVISION :
SUBJECT: 1.Appeal Of Adjudication Officer Decision No. ADJ-00028314 CA-00036336-001 BACKGROUND: 2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 21 July 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 14 July 2021 the Adjudication Officer issued the following Recommendation:- “In accordance with Section 13 of the Act I declare this complaint is not well founded based on the evidence provided and therefore I make no recommendation in favour of the Complainant.” A Labour Court hearing took place on 19 November 2021. DECISION: BackgroundThis is an appeal by the Worker of Recommendation ADJ-00028314 of an Adjudication Officer in respect of the Worker’s complaint that he is due payment for unpaid overtime. The Adjudication Officer held that the complaint was not well founded.Worker’s submissionThe Worker was employed from 2015 to the 5th ofDecember 2019 by the Employer. In October 2015 a new ERO for Security Industry came into force. It is the Worker’s submission that he is due additional pay for overtime worked between the 14th ofAugust 2015 and the 19th ofJuly 2019 arising from changes contained in the ERO. The Worker calculated that he is owed €1668.37. The Worker lodged his complaint with the WRC on the 25th ofMay 2020.Employer’s submissionThe Employer submitted that from the period 26thNovember 2019 to 5thDecember 2019 when the Complainant resigned he only worked a few days. During that period the Worker did not do any overtime and therefore he is not owed any additional payment. DecisionA complaint in respect of a contravention of an ERO by an employee falls within the remit of section 41 of the Workplace Relations Act 2015 which states at section 41 (6) “Subject to subsection (8) an 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”. In the case to hand there is no alleged contravention of the ERO during the relevant six-month period and therefore the complaint must fail.The appeal fails. The decision of the Adjudication Officer is varied.The Court so decided.
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