Complainant

Respondent

Anonymised Parties

Worker

Employer

Representatives

Barnaba Dorda SIPTU

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

The Worker works as a security guard for the Employer, a large security services company. A complaint under the IR Act was received by the WRC on 3 December 2021. The Worker claims he was not paid properly between February and June 2021. The Respondent sought a postponement of the hearing at short notice which was not granted.

The worker submits that he was not paid wages which were properly payable to him between February 2021 and the end of June 2021, when he was ready and available for work. His contractual hours were set for 16 hours per fortnight.

In mid-2012, the Employer began to standardise procedures for making complaints about non-receipt of contracted hours. It was agreed that a protocol would be developed for employees who were left short, so that they could be paid the shortfall- “Make-up time”.

The agreed procedures in place are as follows:

·       Workers who are left short of their contracted hours in their fortnightly roster, are expected to be available for shifts during the roster period.  Provided that they do not refuse shifts offered them at reasonable notice (8 hours) and are not uncontactable when called by the Employer, they are eligible for “make-up time (MUT)”.

·       The Worker submits a pay query, seeking to be paid MUT.  This is then assessed by a committee which meets every few weeks. Workers who comply with procedures by being available for shifts will receive the difference between their rostered hours and their contracted hours.

·       Any unresolved pay claims (for MUT) are raised through the grievance procedure and if necessary to the WRC.

The Worker attempted to have this dispute resolved at local level, with support from his union, but was unsuccessful.

The Worker submits that he was not provided with any work for 23 weeks between 1 February and 30 June 2021, while being ready and available to work. The Worker submits that he is due €2,143.60 (23 weeks x 8 hours x €11.65 hourly rate).

The Employer did not attend the hearing.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. No submission was received from the Employer.

I conclude the Worker is due €2,143.60 in “Make -up time”.

I recommend the Employer pay the Worker €2,143.60.

Make-up time