ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034675
Parties:
| Complainant | Respondent |
Parties | Teresa McCarron | OCS Cleaning Contractors OCS |
Representatives | N/A | Lydia Dodd Ibec |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00044613-002 | 11/06/2021 |
Date of Adjudication Hearing: 15/06/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
The Complainant attended the hearing on her own. The Respondent was represented by Lydia Dodd of Ibec and the Payroll Manager was also in attendance.
As the facts were not in dispute, it was not necessary to take sworn evidence.
Background:
The Complainant was employed as a Cleaner with the Respondent from 25 February 2021 to 21 May 2021 and worked 9.75 hours per week. She stated that she did not receive her annual leave entitlements during her period of employment. |
Summary of Complainant’s Case:
The Complainant stated that she did not receive her annual leave entitlements during her period of employment with the Respondent from 25 February 2021 to 21 May 2021. |
Summary of Respondent’s Case:
The Respondent highlighted that the Regulations only apply to crew members on board a civil aircraft and that as the Complainant was employed as a Cleaner, the Regulations cannot apply to her. |
Findings and Conclusions:
This is a complaint pursuant to Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 b- S.I. No. 507 of 2012. The Regulation permits crew members on board a civil aircraft to refer adjudication complaints to the Workplace Relations Commission. This is only available to crew members on board a civil aircraft. The Complainant was not a Crew Member; she worked as a Cleaner. Although the Respondent highlighted that the complaint was misconceived under the Regulation which the complaint was referred, time was taken at the hearing by the Respondent to explain to the Complainant that she had received her full annual leave entitlements under the Organisation of Working Time Act 1997, which she accepted. |
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.
As the Complainant was employed as a Cleaner with the Respondent and was not a Crew Member, I find that this complaint is misconceived and is therefore not well founded. |
Dated: 1st July 2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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