LCR22666

1.Restoration Of Treble Time Payment For Public Holidays.

BACKGROUND:

2. The within dispute concerns the correct rate of public holiday benefit payable to the Worker who is employed by Shannon Airport Authority (‘the Company’) as a member of its retail team.

In 2010, the Company agreed changes to terms and conditions of employment for new staff under a Cost Recovery Programme. The public holiday benefit for worked public holidays for employees whose employment commenced pre-2010 is basic pay plus double time. For employees who commenced post-2010, the agreed benefit is a basic day’s pay plus a day in lieu.

The Worker commenced employment in October 2011. Her employment was seasonal from 2011 to 2015 when she became permanent. She was, therefore, employed on a post-2010 contract. She was paid for public holidays accordingly up until a payroll system upgrade was introduced in 2015 as a consequence of which she was erroneously paid for public holidays in accordance with pre-2010 terms. This continued to be the case until the error was uncovered in an audit in 2019 following which the post-2010 public holiday benefit was again applied to the Worker.

It is submitted on behalf of the Worker that custom and practice developed from 2015 with regard to the level of public holiday benefit payable to her, that this has given rise to a legitimate expectation on her part of continued remuneration at this level and that the higher rate of public holiday benefit should remain in place on a red-circled basis.

The Company has advised the Worker since the erroneous overpayments to her were uncovered that it is not seeking to recover anything from her. The Company submits that the value of each overpayment, when a public holiday is worked, is €136.95. The Worker works three to four public holidays per year.




RECOMMENDATION:

The Court finds that the Worker was in receipt of a higher rate of public holiday benefit than she was contractually entitled to, for a period between 2015 and 2019, due to an error in the Company’s payroll system. Having discovered that error, it is permissible for the Company to re-instate the contractually appropriate rate of public holiday benefit payable to the Worker.

The Court notes that the Company is not seeking any repayment from the Worker as it accepts that she did not contribute to the error.

The Court recommends that the Company pay the Worker €1,000.00 gross in full and final settlement of the within dispute and in return for the Worker’s express and unequivocal acknowledgment that she is not entitled, contractually or otherwise, to the higher (pre-2010) rate of public holiday benefit.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
IK	______________________
8 November 2022	Deputy Chairman