ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032421
Parties:
| Complainant | Respondent |
Parties | Arif Ali Iqbal | G4S Security Company |
Representatives |
|
|
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-00042367-001 | 05/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00042367-002 | 05/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00042367-003 | 05/02/2021 |
Date of Adjudication Hearing: 09/03/2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The parties were also afforded the opportunity to examine and cross examine each other’s evidence as part of the hearing. All evidence was given under oath or by affirmation.
Background:
The complainant worked as a Security Guard and had made claims under the ERO for the Security Industry in relation to the non-payment of overtime and non-payment of holiday pay. |
Summary of Complainant’s Case:
The complainant worked as a Security Guard for the respondent from August 2018 until 24 August 2020. He submits he was not paid overtime for the following dates: 10 and 13 June, 16 to 27 July, 19 to 24 and 28 August, and 3 to 18 September 2019. He says this amounts to a total of 62 hours in total. He submits he was not paid for annual leave as follows: 4 days in 2018, 16 days in 2019 and 14 days in 2020; a total of 34 days. |
Summary of Respondent’s Case:
The respondent submits that on the days the complainant claims he was not paid overtime he did not work a standard 12 hour shift and he was paid for the hours he worked, The respondent submits the complainant was paid 34 days for annual leave on 25 February 2022 which had been unpaid when the complainant left the respondent’s employment. |
Findings and Conclusions:
The complainant has made complainants under two pieces of legislation. I am satisfied that Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 does not apply to the complainant and he is unable to pursue a claim. In relation to the claims under Section 45A of the Industrial Relations Act, 1946 I have considered the evidence, both written and oral given by both the complainant and the respondent. I accept the evidence that the complainant was not paid correctly for annual leave during his employment. However, he has now been paid for the outstanding days; following a finding by a WRC Inspector. I also accept the respondent’s evidence that the complainant did not work a standard 12 hour shift on the days claimed by the complainant and he was paid for the actual hours he worked. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reasons given above I make the following decisions: CA-00042367-001: the complaint is not well founded. CA-00042367-002: the complaint is not well founded. CA-00042367-003: the complaint is not well founded. |
Dated: 12/06/2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Section 45A Industrial Relations Act 1946 – not well founded |